If you go through the exercise of building a mental model of exactly what a title 3 wiretap facility on a packet-switched telephony network looks like, and then carefully study the covert channel traffic confirmation attack the Tor team disclosed and everyone presumes the FBI is using, you'll see that the technical differences are not that great. It's certainly not as black-and-white as "passive" versus "active".
I'm not sure I follow the point about how the FBI could have done grave damage to everyone's privacy. It's (hypothetically, assuming this is how the FBI did it) the relay-early traffic confirmation vulnerability that did that. The FBI didn't create that vulnerability.
I'm not sure I follow the point about how the FBI could have done grave damage to everyone's privacy. It's (hypothetically, assuming this is how the FBI did it) the relay-early traffic confirmation vulnerability that did that. The FBI didn't create that vulnerability.