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US Supreme Court approves expanded hacking powers | US Supreme Court approves expanded hacking powers |
(about 2 hours later) | |
The US Supreme Court has approved a rule change that could allow law enforcement to remotely search computers around the world. | |
Previously, magistrate judges could order searches only within the jurisdiction of their court, often limited to a few counties. | Previously, magistrate judges could order searches only within the jurisdiction of their court, often limited to a few counties. |
The US Department of Justice (DoJ) said the change was necessary to modernise the law for the digital age. | The US Department of Justice (DoJ) said the change was necessary to modernise the law for the digital age. |
But digital rights groups say the move expands the FBI's hacking authority. | But digital rights groups say the move expands the FBI's hacking authority. |
The DoJ wants judges to be able to issue remote search warrants for computers located anywhere that the United States claims jurisdiction, which could include other countries. | |
A remote search typically involves trying to access a suspect's computer over the internet to explore the data contained on it. | A remote search typically involves trying to access a suspect's computer over the internet to explore the data contained on it. |
It has pushed for a change in the rules since 2013, arguing that criminals can mask their location and identity online making it difficult to determine which jurisdiction a computer is located in. | It has pushed for a change in the rules since 2013, arguing that criminals can mask their location and identity online making it difficult to determine which jurisdiction a computer is located in. |
'Only mechanism available' | 'Only mechanism available' |
"Criminals now have ready access to sophisticated anonymising technologies to conceal their identity while they engage in crime over the internet," said DoJ spokesman Peter Carr. | "Criminals now have ready access to sophisticated anonymising technologies to conceal their identity while they engage in crime over the internet," said DoJ spokesman Peter Carr. |
"The use of remote searches is often the only mechanism available to law enforcement to identify and apprehend them. | "The use of remote searches is often the only mechanism available to law enforcement to identify and apprehend them. |
"The amendment makes explicit that it does not change the traditional rules governing probable cause and notice." | "The amendment makes explicit that it does not change the traditional rules governing probable cause and notice." |
It said the change would not give law enforcement any new authority not already permitted by law. | It said the change would not give law enforcement any new authority not already permitted by law. |
However, groups such as the American Civil Liberties Union (ACLU) have warned that the change could expand the FBI's ability to conduct mass hacks on computer networks. | However, groups such as the American Civil Liberties Union (ACLU) have warned that the change could expand the FBI's ability to conduct mass hacks on computer networks. |
'Thousands of millions of computers' | 'Thousands of millions of computers' |
"Such a monumental change in the law should not be snuck by Congress under the guise of a procedural rule," said Neema Singh Guliani of the ACLU. | "Such a monumental change in the law should not be snuck by Congress under the guise of a procedural rule," said Neema Singh Guliani of the ACLU. |
In 2015, search giant Google also opposed the change, which, it said, "threatens to undermine the privacy rights and computer security of internet users". | In 2015, search giant Google also opposed the change, which, it said, "threatens to undermine the privacy rights and computer security of internet users". |
Oregon Senator Ron Wyden said the change had "significant consequences for Americans' privacy", and said he would seek to reverse the decision. | Oregon Senator Ron Wyden said the change had "significant consequences for Americans' privacy", and said he would seek to reverse the decision. |
"Under the proposed rules, the government would now be able to obtain a single warrant to access and search thousands or millions of computers at once; and the vast majority of the affected computers would belong to the victims, not the perpetrators, of a cybercrime," he said in a statement. | "Under the proposed rules, the government would now be able to obtain a single warrant to access and search thousands or millions of computers at once; and the vast majority of the affected computers would belong to the victims, not the perpetrators, of a cybercrime," he said in a statement. |
Congress can still opt to reject or modify the changes to the federal rules of criminal procedure - but if it does not act by 1 December the change will take effect. | Congress can still opt to reject or modify the changes to the federal rules of criminal procedure - but if it does not act by 1 December the change will take effect. |