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Politics : Formerly About Advanced Micro Devices

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To: FJB who wrote (837562)2/19/2015 10:07:16 AM
From: FJB1 Recommendation

Recommended By
locogringo

   of 1576323
 
Google: Proposed government-sanctioned hacking is a threat to us all

"The implications of this expansion of warrant power are significant."


Google has filed its formal opposition
to a proposed change to federal criminal procedure that if passed would let judges sign off on warrants for remote hacking and other surveillance tactics outside of their judicial district, including in foreign countries.

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.

In a Wednesday blog post, Richard Salgado, one of Google’s top lawyers, wrote: “The implications of this expansion of warrant power are significant, and are better addressed by Congress.”

More importantly, though, he argued that:

Second, the proposed change threatens to undermine the privacy rights and computer security of Internet users. For example, the change would excuse territorial limits on the use of warrants to conduct “remote access” searches where the physical location of the media is “concealed through technological means.” The proposed change does not define what a “remote search” is or under what circumstances and conditions a remote search can be undertaken; it merely assumes such searches, whatever they may be, are constitutional and otherwise legal. It carries with it the specter of government hacking without any Congressional debate or democratic policymaking process.

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.

A Department of Justice spokesperson did not immediately respond to Ars' request for comment.

arstechnica.com/tech-policy/2015/02/google-proposed-government-sanctioned-hacking-is-a-threat-to-us-all/
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