Campaign against Rule 41 Legislative Changes Gains Momentum

A campaign of organizations consisting of senators from both sides of the aisle, technology companies, and activists are railing against a Rule 41 change which they claim would give the FBI the power to hack computers across the world.

Federal Rule of Criminal Procedure 41, more commonly known as Rule 41, is a portion of federal criminal law which discusses proper procedures for searches and seizures. An update to Rule 41 proposed by the Justice Department would allow judges to issue warrants to law enforcement agents to search computers outside the United States.

Justice Department Position

The Justice Department argues that the changes are necessary because criminals are using technology to hide the location of their computers. A blog post from Assistant Attorney General Leslie Caldwell states that “the amendments do not change any of the traditional protections and procedures under the Fourth Amendment.”

Caldwell claims that the rule changes would occur only in two narrow circumstances. The first would be when the criminal is hiding his computer’s location using a VPN, and that this amendment would permit agents to find their location after obtaining more info from server hosts. The second would let agents get a single warrant in case a hacker hit victims across federal districts, instead of getting a separate warrant for each district.

But civil right advocates argue that the language of the rule change is far too vague, and would in effect grant the FBI unlimited authority to hack computers across the world. The ACLU states that “the proposed amendment would significantly expand the government’s authority to conduct remote searches of electronic storage media” and would “raise serious Fourth Amendment questions.”

In addition to the ACLU, the Electronic Freedom Foundation, Google, and web browser Tor are just a few of the groups which have indicated their opposition to the rule change. Like the ACLU, they are concerned about the change’s vague language and how it could unconstitutionally expand the authority of the FBI.

Rule 41: Update to Criminal Procedure

Rule 41 is an update to criminal procedure, and unlike regular laws will go into effect unless Congress votes otherwise by December 1. However, a group of Congressmen including Senator Rand Paul (R-KY), Senator Tammy Baldwin (D-WI), and Representatives John Conyers (D-MI) and Ted Poe (R-TX) have introduced the “Stop Hacking Act” to strike down the Justice Department’s change.

Rule 41 could give the FBI vpn access. Public Domain photo by Alan Levine. https://www.flickr.com/photos/cogdog/
Rule 41 could give the FBI vpn access. Public Domain photo by Alan Levine. https://www.flickr.com/photos/cogdog/

Alan Levine has a backup backup. On the left is Levine’s cable modem. When his cable provider NPG cable was doing some un-announced service, it blinked out. He then tried the iPhone to message the office (switching it off the wireless form the cable modem to EDGE network) but the outage must have been regional, because it was unable to connect to the cellular network.

Finally, his backup backup Alltel EVDO modem worked like a charm.

Hot this week

Did David Wineland and Serge Haroche Steal Idea For The Nobel Physics Prize?

Dr. Omerbashich says the Royal Swedish Academy is a Crime Scene and he has the proof that Nobel laureates stole his discovery.

New Approaches to Disaster Relief Challenges

Disaster relief has always been a challenge. NASA, Google,...

3 Legitimate Money Making Methods to Supplement Your Income

In a perfect world, when your landlord raises your...

2016 Predictions by World Renowned Medium and Psychic Lindy Baker

World renowned medium and psychic Lindy Baker is interviewed by The Hollywood Sentinel, discussing psychic power, the spirit world, life after death, areas of concern in 2016, and much more.

Digital Coupon Customers Spending More Than Double At Stores

A new study shows that customers who use digital coupons go shopping more for groceries and other household goods more often and spend more on their shopping trips.

A Peptide Can Have Different Names on the Purchase Order and Lab Report: The Documentation Gap That Can Mislead Research Teams Copy headline

A laboratory can order one peptide, receive a vial bearing a second name, and open a certificate of analysis that uses a third. None of those differences automatically means the material is wrong. A development code, a common research name

How Mourning Is Changing, One Keepsake at a Time

Grief has shed its uniform. The dark suits, the rented hall, the script read from a pulpit by someone who never met the person in the box — all of that still exists, but it no longer sets the terms. Families are writing their own ceremonies

The Holiday Host’s Wine Plan: Thanksgiving Through New Year’s Eve

How much to buy, what to pour with each holiday meal, and which serving tools earn their place on the table this season.

Flooring Contractor SEO Agencies With No Long-Term Contracts

Quick Summary: Footbridge Media is the best overall pick among flooring contractor SEO agencies with no long-term contracts, pairing a $249 all-in program with a 90-day money-back guarantee. Blue Corona suits companies that want deep call t

SEBI Just Opened Algo Trading to Retail Investors. Should You Let a Bot Trade for You?

Algorithmic trading no longer belongs only to institutional desks...

Plastic Surgery: Yes or No? Key Factors to Help You Decide

Thinking about plastic surgery can be tough. Many people face insecurities and wonder if surgery is the right choice. Keep reading to make a smart decision! Understanding Plastic Surgery Plastic surgery changes how a person looks or fixes b

Related Articles

Popular Categories