Tag: computer searches

DOJ Seeks Rule Change to Authorize Remote Hacking Searches

The Department of Justice is seeking approval for a change in the federal rule applicable to issuance of search warrants. DOJ wants U.S. Magistrate judges to be able, under Rule 41 of the Federal Rules of Criminal Procedure, to authorize computer searches even when they don't know the location of the computer or whether it's in that Magistrate's district. If the DOJ can access the computer remotely to search it, it doesn't want to be hamstrung by "technicalities" like which district the computer is in, or just as importantly, having to leave a physical notice at the site of the search.

The rule change has already passed its first hurdle and will come up again at a meeting of the committee later this month.

Here is the proposed new rule. Here are 5 pages from the 1100 page report describing the change and DOJ's justification for it (begins at bottom of first page). [More...]

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