Tell me and I forget. Teach me and I remember. Involve me and I learn. Benjamin Franklin

Wednesday, April 23, 2014

The DOJ Wants to Hack Your Webcam

By Dan Massoglia

Truthout | Report - Wednesday, 23 April 2014

At a meeting April 7 and 8 in Louisiana, a group of lawyers and academics prepared the rules for when law enforcement is allowed to hack people's computers for a dramatic, and troubling, expansion. Government hacks - the FBI's secretly accessing your hard drive, email, webcam, and more - which have unfolded in headlines as a push and pull between privacy-concerned judges and activists and secrecy-obsessed law enforcement, appear poised to see the strict judicial restrictions on their use loosened. As is often the case with wide-reaching changes to the criminal law, the law at issue is not a big-name bill, like the Affordable Care Act, but rather one more closely held to the legal system - here, Rule 41(b) of the Federal Rules of Criminal Procedure.
The Federal Rules are the procedural guidelines for courts, lawyers, and investigators guiding important parts of investigations and trials. They determine, for example, who gets to take a plea, and how, or who gets screwed, and how, by a federal grand jury. Currently, they place limits on warrant authority in addition to constitutional protections and other restrictions, generally requiring that for the FBI to receive a warrant to perform a domestic hack, computers to be infected must be inside the jurisdiction of the court issuing the warrant and must each receive a warrant. This concern for place and emphasis on conservativism in warrant authorizations is one of the many ways a colonial memory abhorring general warrants has refracted into the set of legal protections that, inadequate as they are, provide safeguards on privacy today.

Read more....

No comments:

Post a Comment