“The United States Department of Justice wants to broaden its ability to hack criminal suspects’ computers, according to a new legal proposal that was first published by The Wall Street Journal on [March 27, 2015]. If passed as currently drafted, federal authorities would gain an expanded ability to conduct “remote access” under a warrant against a target computer whose location is unknown or outside of a given judicial district. It would also apply in cases where that computer is part of a larger network of computers spread across multiple judicial districts. In the United States, federal warrants are issued by judges who serve one of the 94 federal judicial districts and are typically only valid for that particular jurisdiction. The 402-page document entitled “Advisory Committee on Criminal Rules” is scheduled to be discussed at an upcoming Department of Justice (DOJ) meeting [April 2015] in New Orleans. Federal agents have been known to use such tactics in past and ongoing cases: a Colorado federal magistrate judge approved sending malware to a suspect’s known e-mail address in 2012. But similar techniques have been rejected by other judges on Fourth Amendment grounds. If this rule revision were to be approved, it would standardize and expand federal agents’ ability to surveil a suspect and to exfiltrate data from a target computer regardless of where it is. Peter Carr, a DOJ spokesperson, told Ars that he was “not aware of any figures” as to how many times such “remote access” by law enforcement has taken place.”
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