The Associated Press sued the U.S. Department of Justice Thursday over the FBI's failure to provide public records related to the creation of a fake news story used to plant surveillance software on a suspect's computer. At issue is a 2014 Freedom of Information request seeking documents related to the FBI's decision to send a web link to the fake article to a 15-year-old boy suspected of making bomb threats to a high school. The FBI has used spyware before to pursue suspected criminals. AP strongly objected to the ruse, which was uncovered last year. AP General Counsel Karen Kaiser [wrote] in a 2014 letter to then-Attorney General Eric Holder, "It is improper and inconsistent with a free press for government personnel to masquerade as The Associated Press or any other news organization. The FBI may have intended this false story as a trap for only one person. However, the individual could easily have reposted this story to social networks, distributing to thousands of people, under our name, what was essentially a piece of government disinformation." In a November opinion piece in the New York Times, FBI Director James Comey revealed that an undercover FBI agent had also impersonated an AP reporter. AP's records request also seeks an accounting of how many times since 2000 the FBI has impersonated media organizations to deliver malicious software. In a response to AP, the FBI indicated it might take nearly two years to find and copy the requested records.
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