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.
The government has defended the maneuver as a necessary update of protocol intended to modernize criminal procedure to address the increasingly complex digital realities of the 21st century. The FBI wants the expanded authority, which would allow it to more easily infiltrate computer networks to install malicious tracking software. This way, investigators can better monitor suspected criminals who use technology to conceal their identity.
http://www.nationaljournal.com/tech/fbi-s-plan-to-expand-hacking-power-advances-despite-privacy-fears-20150316
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.
The government has defended the maneuver as a necessary update of protocol intended to modernize criminal procedure to address the increasingly complex digital realities of the 21st century. The FBI wants the expanded authority, which would allow it to more easily infiltrate computer networks to install malicious tracking software. This way, investigators can better monitor suspected criminals who use technology to conceal their identity.
http://www.nationaljournal.com/tech/fbi-s-plan-to-expand-hacking-power-advances-despite-privacy-fears-20150316
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