It's OK, they're the government.
Legal experts told Ars that there are significant questions about precisely how the unnamed Tor site was breached, exactly how its "Network Investigative Tool" (or NIT, i.e., malware) works, how many of the users were outside of the judicial district, and if the seized server contained other non-criminal content.
"This is another example of the FBI obtaining a warrant that they are not yet authorized to obtain or execute based on the lack of technical expertise of the judiciary," Ahmed Ghappour, a law professor at the University of California, Hastings, told Ars. Ghappour pointed to a proposed changeto Rule 41 that is currently working its way through the judicial system. He has written at length about this potential upcoming modification to Rule 41.
