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titanic1

Rule 41

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https://www.youtube.com/watch?v=OFOXbCYdrhc

Read Rule 41 here: https://www.law.cornell.edu/rules/frcrmp/rule_41

The FBI and other law enforcement agencies will be able to search multiple computers across the country with a single warrant thanks to a controversial rule change that takes effect on Thursday.
The expanded search power, known as "Rule 41," is intended to make it easier for the FBI to carry out complex computer investigations. Until now, the government could only carry out a search of computers located in the district where the federal judge granted the warrant—typically only a few counties in a given state.

 

The legal process for government hacking has been a contentious topic, especially in light of a high profile investigation known as "Playpen" in which the FBI placed tracking software on the computers of child pornography suspects across the country. Some of these defendants have successfully challenged their arrest on the grounds they lived outside of the area described in the warrant.
Civil liberties groups have warned Rule 41 represents a dangerous expansion of the government's surveillance power, and will lead law enforcement bodies to "forum shop"—seeking warrants in districts where a judge is most likely to grant them.

The controversy has also led a bipartisan group of lawmakers to call for a halt to the new Rule 41 powers until Congress has had time to study it. On Wednesday, Sen. Chris Coons (D-Del) called for a voice vote on the Senate floor to pass a bill delaying Rule 41, but the tactic fell short, in part because the measure lacked strong support in the House.
A spokesperson for the Electronic Frontier Foundation, which has led opposition to the rule change, says Congress can still change or halt the bill once it goes into effect.

http://fortune.com/2016/11/30/rule-41/

The government hacking into phones and seizing computers remotely? It’s not the plot of a dystopian blockbuster summer movie. It’s a proposal from an obscure committee that proposes changes to court procedures—and if we do nothing, it will go into effect in December.

The proposal comes from the advisory committee on criminal rules for the Judicial Conference of the United States. The amendment [PDF] would update Rule 41 of the Federal Rules of Criminal Procedure, creating a sweeping expansion of law enforcement’s ability to engage in hacking and surveillance. The Supreme Court just passed the proposal to Congress, which has until December 1 to disavow the change or it becomes the rule governing every federal court across the country.  This is part of a statutory process through which federal courts may create new procedural rules, after giving public notice and allowing time for comment, under a “rules enabling act.”1 

 

The Federal Rules of Criminal Procedure set the ground rules for federal criminal prosecutions. The rules cover everything from correcting clerical errors in a judgment to which holidays a court will be closed on—all the day-to-day procedural details that come with running a judicial system.

The key word here is “procedural.”  By law, the rules and proposals are supposed to be procedural and must not change substantive rights.

But the amendment to Rule 41 isn’t procedural at all. It creates new avenues for government hacking that were never approved by Congress.

 

The proposal would grant a judge the ability to issue a warrant to remotely access, search, seize, or copy data when “the district where the media or information is located has been concealed through technological means” or when the media are on protected computers that have been “damaged without authorization and are located in five or more districts.” It would grant this authority to any judge in any district where activities related to the crime may have occurred.

https://www.eff.org/deeplinks/2016/04/rule-41-little-known-committee-proposes-grant-new-hacking-powers-government

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