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Government Security United States

Judicial Committee Approves FBI Plan To Expand Hacking Powers 79

Presto Vivace sends this report from the National Journal: A judicial advisory panel Monday quietly approved a rule change that will broaden the FBI's hacking authority despite fears raised by Google that the amended language represents a "monumental" constitutional concern. The Judicial Conference Advisory Committee on Criminal Rules voted 11-1 to modify an arcane federal rule to allow judges more flexibility in how they approve search warrants for electronic data, according to a Justice Department spokesman. Known as Rule 41, the existing provision generally allows judges to approve search warrants only for material within the geographic bounds of their judicial district. But the rule change, as requested by the department, would allow judges to grant warrants for remote searches of computers located outside their district or when the location is unknown.
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Judicial Committee Approves FBI Plan To Expand Hacking Powers

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  • It just wasn't enough - apparently, there were seven more required.

  • And laws there prohibit this? Will that government be able to hack the FBI as *they're* doing something illegal?

    This could get funny.

    • by AHuxley ( 892839 )
      It depends on who can be found to enter a computer network?
      Another group could be used as a cut out to act as an internet agent provocateur.
      A charismatic leader in a chatroom could be anyone who has a suggestion. The data ends up with gov handlers who turned or created the "group" used.
    • by AmiMoJo ( 196126 ) *

      You know when you hear about some nefarious plan in North Korea that threatens the US, or how Iran is trying to build nuclear weapons and delivery systems to attack you? That's what this sounds like to the rest of the world. It's basically saying that the US is developing and deploying cyber weapons at every level, and of course we can expect them to be used against us.

      I would say that the US is now as bad as China, but actually it's been far worse for a long time due to having more resources and openly and

    • by Chas ( 5144 )

      Actually, if it's another country, the FBI shouldn't be there at all. Ever.
      That's what the CIA is for.
      The FBI's bailiwick is domestic threats.
      The CIA covers foreign threats.

  • by invictusvoyd ( 3546069 ) on Monday March 16, 2015 @11:18PM (#49272765)
    Is available to the Chinese
  • WTF? (Score:5, Insightful)

    by Jane Q. Public ( 1010737 ) on Monday March 16, 2015 @11:57PM (#49272865)
    A judge's jurisdiction is a judge's jurisdiction. Attempting to change that would change our entire legal system. Just no.

    Sorry, but our legal system is based on Common Law, not just whatever a bunch of Congressional idiots decides it is.

    Further, the change would allow searches when "the location is unknown". Sorry, but that's a blatant constitutional violation.

    "... and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." -- Amendment IV

    Our very Constitution says quite explicitly they aren't allowed to issue warrants for "unknown" locations.

    • by gweihir ( 88907 )

      Apparently, "anywhere" is now considered a "valid description of the place to be searched". Direct lying in a criminal way by the authorities is not uncommon in a police-state, as they will never be held accountable for it.

    • by msauve ( 701917 )
      "Our very Constitution says quite explicitly they aren't allowed to issue warrants for "unknown" locations."

      No, it says what it says. And, it says no such thing.

      This is no different than a warrant to search a specific vehicle, independent of the location it might have been driven to. "Place to be searched" doesn't need to mean a physical location, it can mean a specific person or vehicle or computer.

      The intent of the restriction is to ensure specificity, so there are no blanket warrants/searches. Allow
      • Can a judge in the US give a warrant to search a car in Finland that doesn't belong to a US citizen? No? Then how is this different?
        • by msauve ( 701917 )
          This is different because a cop can't search a car in Finland without going to Finland, and placing himself under Finnish jurisdiction.
        • Then how is this different?

          The U.S. government has power "to regulate commerce [...] among the several states" and to enforce copyrights on its soil. If this requires states to give "full faith and credit" to other states' efforts to track down a server used in interstate commerce, in an activity that competes with interstate commerce (Wickard v. Filburn), or in trafficking in copyrighted works, warrants that cross state lines might be necessary.

      • I think you're correct, but I also think that any such rule needs to specifically lay out restrictions and narrowly define what is permitted. It needs to say that if the description of the location is only logical, then the warrant does not permit physical search. It also needs to say that the logical description of the place to be searched is as logically specific as the description of a physical place to be searched would have to be physically specific. However, I reckon that the wording of the rule chan
      • No, it says what it says. And, it says no such thing.

        Wrong: "... and particularly describing the place to be searched, and the persons or things to be seized.

        The exception for vehicles is because vehicles themselves are considered to be a physical "place".

    • A judge's jurisdiction is a judge's jurisdiction. Attempting to change that would change our entire legal system. Just no. Sorry, but our legal system is based on Common Law, not just whatever a bunch of Congressional idiots decides it is. Further, the change would allow searches when "the location is unknown". Sorry, but that's a blatant constitutional violation.

      "... and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." -- Amendment IV

      Our very Constitution says quite explicitly they aren't allowed to issue warrants for "unknown" locations.

      And you think a representative who helps define law somehow doesn't understand this basic violation? Or the other 10 that voted in support of this?

      Cute history lesson, but the Constitution no longer protects us. Lobbyists have destroyed that. You know, the kind that manipulate representatives.

      That old tattered document under glass is nothing more than a tourist attraction now. Ancient history as Hillary's defense team would argue. And blind ignorance would be the only acceptable excuse for not seeing

    • I disagree. First, this simply allows a federal judge within whose jurisdiction a crime was committed to issue the warrants necessary for the investigation. It hardly changes the entire system, its just the law playing catch-up with technology.

      Second, our legal system is based on a blend of statutory and common law. And statute usually wins.

      Finally, I think we can all agree that virtual and physical locations are two very different things. I have no idea where Slashdot's servers are, but here we are.

    • A judge's jurisdiction is a judge's jurisdiction. Attempting to change that would change our entire legal system. Just no.

      Agreed - time changes nothing. If it wasn't OK a hundred years ago for a judge to issue a similar warrant to raid the house of someone who visits or recieved mail from his jurisdiction - but didn't reside in it, why should it be OK now? And if the judge doesn't even know which jurisidiction the target lived in he couldn't approve a warrant for everywhere the target might go - on the offchance the target might be there one day.

      This link [privacysurgeon.org] that attracted all the slushpot comments earlier summarised the syndrom

    • "... and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." -- Amendment IV

      Our very Constitution says quite explicitly they aren't allowed to issue warrants for "unknown" locations.

      That's a very interesting question. Is place equal to location? You could argue it isn't, since a warrant to search a vehicle or ship; eighth if which could be in multiple locations over time, or even have an unknown location, yet still be a specific place to be searched. In a computer warrant, you could conceivably identify the computer to be searched without identifying its physical location. If you require a geographical location to issue a warrant you would not be able to search a laptop, for example,

  • by Anonymous Coward

    You need a warrant to do anything legally, and in this case "finding out where a computer is" is cause to write a search warrant. The only problem is that in order to write a search warrant for a computer on the internet that is literally just an IP address to the investigator, one must acknowledge that computer could possibly be on the other side of the planet when accessed by the FBI.

  • Well that's just fantastic.
  • by account_deleted ( 4530225 ) on Tuesday March 17, 2015 @01:16AM (#49273063)
    Comment removed based on user account deletion
  • by Anonymous Coward

    What it will allow, is the FBI to skip the jurisdiction investigation since it would render it unnecessary and unwanted. Unnecessary because they can get a hacking warrant without it, and unwanted, because it might turn out they don't have jurisdiction or need a more difficult form of warrant.

    It will also let them jurisdiction shop, so the judge that rubber stamps hacking the one that gets the requests, and the jurisdiction investigation will be skipped as unnecessary. (Think of how 'Patent Trolls' always s

  • Lets put aside the ethics and legalities of what the FBI is proposing to do. Now it seems like this enables tricksters to engage in much larger scale abuse. Trick the FBI to hack Foreign government networks, infrastructure and companies (and get caught, since they are presumably not currently as good at it as the NSA). After all, they no longer need to do their due dilligence before cracking into aunt Bettie's IoT connected iron lung if her state owned ISP issued her an insecure router. Lets use an explo
  • For all involved. Defense attorneys, judges, the appellate division, enforcement departments, prosecutors all the way up to the Supreme Court. All in all, when it finally makes its way to the highest court how much will have been spent? $400 to $500 million will have been spent.

      Sad thing is, it only gets tested when the target has enough balls and income to make the prosecutors try the case.

      justice isn't free

  • of this is copyright law. Remember how Prenda Law lost so many cases because they couldn't prove who was in and out of a particular legal district? Poof, problem solved. Check for MPAA/RIAA donors.

  • Doesn't it just mean the Judge where a crime was committed can issue all the necessary subpoenas and warrants needed instead of having to go to multiple judges for each geographical area? Considering the increasing irrelevance of physical location, isn't this just the Law catching up with technology?

    The Constitution only requires that a judge issue a warrant, not that the issuing judge be nearby. That's a procedural leftover from the pre-telecoms era.

    • by Anonymous Coward

      Doesn't it just mean the Judge where a crime was committed can issue all the necessary subpoenas and warrants needed instead of having to go to multiple judges for each geographical area? Considering the increasing irrelevance of physical location, isn't this just the Law catching up with technology?

      The Constitution only requires that a judge issue a warrant, not that the issuing judge be nearby. That's a procedural leftover from the pre-telecoms era.

      Depends on which constitution, but usually the constitution requires that the judge be a natural judge.

      That is, one that wasn't picked to screw you over twice.

      Without the need for proper jurisdiction checks, that means any FBI agent anywhere can ask any judge in the US to give a warrant for any IP address, even if it's in another jurisdiction. Read as, country. Read as, causing an international incident. You think China is going to sit idle while the US openly hacks all its servers everywhere? One thing is

  • If it exists, there's the ability of the government to perform widescale surveillance of it.

A complex system that works is invariably found to have evolved from a simple system that works.

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