By Dustin Volz
A bipartisan group of lawmakers in the U.S. Congress
on Thursday asked the Justice Department to clarify how a looming rule change
to the government's hacking powers could impact privacy rights of innocent
Americans.
A magnifying glass is held in front of a computer screen in this picture illustration taken in Berlin May 21, 2013. REUTERS/Pawel Kopczynski/Illustration/File Photo
The change, due to take place on December 1, would let
judges issue search warrants for remote access to computers located in any
jurisdiction, potentially including foreign countries. Magistrate judges can
normally only order searches within the jurisdiction of their court, which is
typically limited to a few counties.
“We are concerned about the full scope of the new
authority that would be provided to the Department of Justice,” 23 senators and
representatives wrote to Attorney General Loretta Lynch.
The Supreme Court in April approved amendments to Rule
41 of the federal rules of criminal procedure that would allow judges to issue
warrants in cases when a suspect uses anonymizing technology to conceal the
location of his or her computer or for an investigation into a network of
hacked or infected computers, such as a botnet.
Those amendments will take effect on December 1 of
this year unless Congress passes legislation that would reject, amend or
postpone the changes. Some lawmakers, led by Democratic Senator Ron Wyden of
Oregon, have introduced legislation that would halt the changes, but it has yet
to gain much traction.
In their letter, the lawmakers asked how the
government would prevent under the expanded rule so-called "forum
shopping," where prosecutors seek warrants in districts considered more
favorable to law enforcement.
They also asked how the Justice Department intends to
notify users when electronic devices have been searched and whether law
enforcement has the authority to disable malicious software on a protected
device, including those belonging to innocent Americans, among other questions.
The Justice Department has worked on Rule 41 changes
for years, arguing they are procedural in nature and necessary to keep pace
with criminal threats posed by evolving technology.
Civil liberties groups and some technology companies,
including Alphabet Inc's Google, have said the changes could allow for searches
that run afoul of privacy rights.
The Justice Department is reviewing the lawmakers'
letter, which asked for a response within two weeks, spokesman Peter Carr said.
(Reporting by Dustin Volz; Editing by Mary Milliken)
No comments:
Post a Comment