The US Supreme Court on Thursday presented Congress with changes in the Rules of Criminal Procedure that will allow judges to issue warrants directed at electronic devices outside their jurisdiction, vastly expanding the government’s surveillance and hacking power.
Magistrate judges are mostly limited to authorizing search and seizures in their jurisdiction. The changes to Rule 41, requested by the Department of Justice and endorsed by the Supreme Court justices, give judges the ability “to issue a warrant to use remote access to search electronic storage media and to seize or copy electronically stored information located within or outside that district” if the information sought has been “concealed through technological means” or the device has been damaged without authorization and is held in five or more districts.
Compromised computers are considered “damaged” for the purpose of these rules. This definition allows investigators to infiltrate botnets anywhere in the world using a warrant. But the Center for Democracy and Technology (CDT) contends the rule is overly broad because about 30% of the world’s computers could be considered “damaged” — infected with malware — and thus could be subject to Rule 41 searches. For the full article click here
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