"In United States v. Jay Michaud the indictment will be dismissed without prejudice, meaning that the DoJ can pick the case up again within the statute of limitations (five yearsin this case) if it chooses. Federal investigators may be gambling that they can drop the case for now and pick it up again in a few years when technology has evolved, and the NIT has either been disclosed for other reasons or is no longer effective, says Riana Pfefferkorn, a cryptography fellow at the Stanford Law School Center for Internet and Society.
“It’s an interesting avenue to think about whether we might start seeing longer gaps between an alleged offense and an indictment if the government is trying to sort of run out the clock on the utility of its hacking methods.” Pfefferkorn says."
- Date Published:03/07/2017
- Original Publication:Wired