Sen. Ron Wyden D-Ore. and other like-minded senators have come out forcefully against the pending change to federal judicial rules that would expand judges ability to authorize remote access hacking of criminal suspects devices.
The entire bill is one sentence long: The proposed amendments to rule 41 of the Federal Rules of Criminal Procedure, which are set forth in the order entered by the Supreme Court of the United States on April 28, 2016, shall not take effect.
For now, Rule 41 allows these junior judges to authorize electronic searches only within their own judicial district.
For law enforcement to conduct a remote electronic search, they generally need to plant malware in — i.e.
To me, that s clearly a policy change that s outside the scope of an administrative change, and it is something that Congress should consider.
For example, if agents are investigating criminals who are sexually exploiting children and uploading those videos for others to see—but concealing their location—agents will be able to go to court to obtain a warrant to discover where they are located.