FBI could soon legally hack any computer in the US ... and possibly beyond

The Supreme Court approved new rules on Thursday that would potentially give the FBI the authority to hack any computer in the United States, and potentially computers located overseas as well. Those hidden by Tor technology will also be vulnerable. Now the Congress have until December 1 to either approve the rule, reject or make changes to it – then any magistrate judge in the country could grant the FBI warrants authorizing hacks into computers whose whereabouts are unknown.

[...]

Under the phrase “concealed through technological means,” the court is referring to computers whose location is hidden via the use of anonymity software such as the Tor web browser.

Currently, magistrate judges cannot issue warrants for “remote searches” to the FBI if law enforcement doesn’t know where a computer in question is physically located, since its location could potentially be outside of the court’s jurisdiction.

Not only does the new rule change that, it also could allow the FBI to gain access to computers that have been already hacked by malicious software, meaning that victims of cyberattacks could see their computers searched by the government. If a computer is suspected to be part of compromised network, that network could also be searched. If a computer is ultimately located overseas but hidden via Tor, then authorities may potentially be able to hack into it as well.

[...]

The Supreme Court’s approval comes as courts in Massachusetts and Oklahoma have recently opted to toss out evidence collected by the government in relation to child pornography investigations, since the original search warrant obtained by the FBI came from a judge in Virginia. If the new rules approved by the Supreme Court go into effect, the evidence would have been allowed.

However, not everyone is buying the Justice Department’s argument. Senator Ron Wyden (D-Oregon) questioned the wisdom of the changes to Rule 41, adding that he will ask the government to detail its hacking process. He also said he will propose legislation to reverse the amendments.

Full report:

https://www.rt.com/usa/341405-fbi-expanded-hacking-power-courts/

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