Rule 41 and You
expanded law enforcement ability to hack anyone anywhere
Wednesday, September 21, 2016 by DrJBHL | Discussion: Personal Computing
Rule 41 (a Federal Court procedure) if allowed to persist will allow magistrate judges to issue search warrants for the contents of any computer outside their jurisdiction, or multiple computers with a single warrant...so a single warrant for multiple computers in multiple jurisdictions. Efficient, right? Saves leos the trouble of explaining the need for a search warrant for each one. Even overseas.
Well...if it were just against criminals...but it isn't. It appears that they'll have the right to hack the victims' PCs, as well.
So the three changes:
1) "The first would let magistrate judges issue search warrants to remotely search—essentially hack—computers outside their jurisdiction if the location of the computer has been intentionally concealed through technical means." That's a big change in expanding jurisdiction.
2) "magistrates issue a warrant outside their jurisdiction when the computers to be searched are part of a cybercrime investigation—as defined by the Computer Fraud and Abuse Act—have been “damaged without authorization” and “are located in five or more districts...But the description of the computers to be searched has nothing to do with criminal suspects, critics point out, and instead refers to victims’ computers." Totally unnecessary, because botnets, etc. are found routinely without any need to hack victims' computers.
3) The third change - well, that's related to notice of search and seizure, and if the Leos can't "reasonably" do that, "Under the amendment, law enforcement “must make reasonable efforts” to serve a copy of the warrant on the person whose property was searched, which “may be accomplished by any means, including electronic means.” That might mean they can install on just about anyone's PC malware designed to copy the contents of your computer and maybe a picture of you and a voice sample as well. Sound like Stuxnet?
Well, Congress has until December 1st to pass a cancellation of this proposed permanent change to Rule 41. Bets, anyone?
Sources:
https://www.wired.com/2016/05/now-government-wants-hack-cybercrime-victims/
https://techtalk.pcpitstop.com/2016/09/15/rule-41-allow-fbi-hack-anyone/?rule41change=
Please login to comment and/or vote for this skin.
Welcome Guest! Please take the time to register with us.
There are many great features available to you once you register, including:
- Richer content, access to many features that are disabled for guests like commenting on the forums and downloading skins.
- Access to a great community, with a massive database of many, many areas of interest.
- Access to contests & subscription offers like exclusive emails.
- It's simple, and FREE!
Reply #1 Thursday, September 22, 2016 3:14 AM
similar vein to how the us gov thinks ms servers abroad should be available to them as if they are in the us