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New Report Aims to Help Criminal Defense Attorneys Challenge Secretive Government Hacking

Lawyers at EFF, the ACLU, and the National Association of Criminal Defense Lawyers released a report today outlining strategies for challenging law enforcement hacking, a technique of secretly and remotely spying on computer users to gather evidence. Federal agents are increasingly using this surveillance technique, and the report will help those targeted by government malware—and importantly their attorneys—fight to keep illegally-obtained evidence out of court. A recent change in little-known federal criminal court procedures, which was quietly pushed by the Justice Department, has enabled federal agents to use a single warrant to remotely search hundreds or thousands of computers without having to specify whose information is being captured or where they are. We expect these changes to result in much greater use of the technique, and the guide will arm attorneys with information necessary to defend their clients and ensure that law enforcement hacking complies with the Constitution and other laws…”

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