“A Justice Department proposal that could make it easier to locate and hack into computers that are part of criminal investigations is raising constitutional concerns from privacy groups and Google, who fear the plan could have broad implications,” Eric Tucker reports for The Associated Press. “Federal prosecutors say their search warrant proposal is needed at a time when computer users are committing crimes in online anonymity while concealing their locations. But civil libertarians fear the rule change, under consideration by a federal advisory committee, would grant the government expansive new powers to reach into computers across the country.”
“The Justice Department wants the rules changed so that judges in a district where ‘activities related to a crime’ have occurred could approve warrants to search computers outside their districts,” Tucker reports. “The government says that flexibility is needed for cases in which the government can’t figure out the location of a computer and needs a warrant to access it remotely, and for investigations involving botnets — networks of computers infected with a virus that spill across judicial districts.”
“The proposal has generated fierce pushback from privacy organizations, including the American Civil Liberties Union, which contend the rule change could violate a constitutional requirement that search warrant applications be specific about the property to be searched. They also argue the proposal is unclear about exactly what type of information could be accessed by the government and fails to guarantee the privacy of those not under investigation who might have had access to the same computer as the target, or of innocent people who may themselves be victims of a botnet,” Tucker reports. “Another critic, Google, says the proposal ‘raises a number of monumental and highly complex constitutional, legal and geopolitical concerns that should be left for Congress to decide.'”
“The Justice Department says such concerns are unfounded. It says the proposal simply ensures that investigators have a judge to go to for a warrant in cases where they can’t find a computer, and that the proposal wouldn’t provide the government with new technological authorities that it doesn’t already have,” Tucker reports. “The proposal is before a criminal procedure advisory committee of the Judicial Conference of the United States. If approved, it will then be forwarded to the Supreme Court and ultimately to Congress, which does not have to approve it but can block it. It would take effect in December 2016.”
Read more in the full article here.
MacDailyNews Take: Adhere to the U.S. Constitution.
Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety. – Benjamin Franklin, Historical Review of Pennsylvania, 1759
Freedom is never more than one generation away from extinction. We didn’t pass it to our children in the bloodstream. It must be fought for, protected, and handed on for them to do the same, or one day we will spend our sunset years telling our children and our children’s children what it was once like in the United States where men were free. – Ronald Reagan, March 30, 1961
Visit the Apple-backed reformgovernmentsurveillance.com today.
[Thanks to MacDailyNews Reader “Lynn Weiler” for the heads up.]