The Associated Press has filed a lawsuit against the FBI for allegedly using the agency's name to distribute fake news stories that contained malware. The FBI's goal, of course, was to distribute malware to the computers of criminal suspects.
The news agency, along with the Reports Committee for Freedom of the Press (RCFP), filed a lawsuit against the feds on Thursday in U.S. District Court in Washington, D.C., asking the court to force the FBI to hand over all information related to the online impersonation.
According to the Associated Press lawsuit (PDF), the incident occurred while the FBI was investigating bomb threats against a high school in Washington state.
Hoping to lure the person behind a MySpace account they believed was connected to the threats, FBI agents set up an Associated Press website and published an article titled “Bomb threat at high school ended by local police department.”
The website also contained a script that could secretly install spyware. After creating the fake website, the feds sent a link to the MySpace account of interest via a private message.
When the suspect (a 15-year-old student) clicked on the link to read the alleged story, the FBI page installed the surveillance tool that allowed agents to track the suspect.
The spyware verified the student's computer's IP address, obtained the MAC address, and obtained the Windows computer details he was using, all the evidence needed to arrest the child. The covert installation of the malware was carried out with a search warrant.
The Associated Press and RCFP claim that by imitating the website and the company's name in general, the FBI had undermined its credibility as a news agency.
“This practice undermines the credibility of independent media, and we must not let it get away with it,” said RCFP director Katie Townsend.
“And while the public clearly has an interest in learning more about the FBI’s use of this tactic, the FBI seems determined to withhold the information.”
The Associated Press and RCFP are asking the FBI to release all documents related to this scandal that appear to violate the Freedom of Information Act. They are also asking that the FBI be ordered to pay the costs of the lawsuit and attorneys' fees.
