The ACLU filed a motion in a federal court in Maryland for information on why the FBI seemingly indiscriminately infected users of a free email service with malware. Lawyers from the civil liberties group are seeking to unseal the docket sheets connected with a warrant to use the malware on users of TorMail, a service that was only accessible on the Tor anonymous web browsing network. The unsealed docket sheets would explain general procedural information about issuing the warrant, including the judge’s identity, which is still not public. “We don’t know how a warrant that affected thousands of people, including innocent people, activists and journalists, were caught up in this warrant,” said ACLU staff attorney Brett Max Kaufman, one of the attorneys who filed the motion last week to unseal the docket sheets. TorMail was one of many sites hosted by the Freedom Hosting Network, a service that housed a variety of websites only visible on the Tor network. Some of the sites hosted by Freedom were intended to distribute child pornography. TorMail, notes the ACLU filing, was not one of those sites. In July 2013, the FBI seized Freedom’s servers. On July 22, it was issued a warrant to use malware to track movement on a child pornography site – though the identity of the site is currently secret.

Source: Overnight Cybersecurity: ACLU heads to court for answers on FBI malware