Rule 41

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Rule 41

Postby desertrat » Sat Sep 24, 2016 9:21 am

With Rule 41, Little-Known Committee Proposes to Grant New Hacking Powers to the Government
The prospect of the government hacking computers of specifically known criminals is one thing, but a blanket ability to hack just about anyone or any category of people at any time with no evidence that a crime has been committed? That's just crazy!
The first part of this change would grant authority to practically any judge to issue a search warrant to remotely access, seize, or copy data relevant to a crime when a computer was using privacy-protective tools to safeguard one's location. Many different commonly used tools might fall into this category. For example, people who use Tor, folks running a Tor node, or people using a VPN would certainly be implicated. It might also extend to people who deny access to location data for smartphone apps because they don’t feel like sharing their location with ad networks. It could even include individuals who change the country setting in an online service, like folks who change the country settings of their Twitter profile in order to read uncensored Tweets.

And that's just the first issue...
LINK: https://www.eff.org/deeplinks/2016/04/rule-41-little-known-committee-proposes-grant-new-hacking-powers-government
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Re: Rule 41

Postby desertrat » Sat Sep 24, 2016 9:28 am

This Arcane Rule Change Would Give U.S. Law Enforcement New Power to Hack People Worldwide
Basically Rule 41 makes a bad situation worse...
The change concerns Rule 41 of the “Federal Rules of Criminal Procedure,” which govern how the U.S. government pursues an investigation. The update to the arcane rule has three parts. The first allows a judge to approve an order for hacking to extend to any jurisdiction regardless of the location of the device, so long as the end user has attempted to obfuscate that location. This would include people who use a virtual private network, or VPN, to protect their data and people who use the Tor browser. Some criminals do use these sorts of tools to hide their location—but so too do human rights defenders and marginalized people who seek to protect themselves from harm. The second part allows a single order to issue for an entire network of computers, such as devices belonging to victims infected with botnet malware. Finally, the change modifies the notice requirements for court orders.

LINK: http://www.slate.com/blogs/future_tense/2016/05/11/the_rule_41_change_would_give_u_s_law_enforcement_power_to_hack_people_worldwide.html
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Re: Rule 41

Postby cactuspete » Sun Sep 25, 2016 8:34 am

'Rule 41' Change Allows FBI 'Mass Surveillance If Congress Does Nothing to Stop It!
Privacy must be protected by any means possible. This governmental intrusion into our private lives is truly Orwellian and could result in all our freedoms being shut down completely.
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Re: Rule 41

Postby mrfish » Mon Sep 26, 2016 7:39 am

Most of you have probably heard of Five Eyes, Nine Eyes, and Fourteen Eyes. Basically, thanks to international cooperation between intelligence agencies in different countries, it is possible for authorities in any particular country to circumvent the laws restricting surveillance of citizens within that country and to obtain the same information from a security agency of another country. There are at least fourteen countries that the USA trades info with. From WikiPedia: During the 2013 NSA leaks Internet spying scandal, the surveillance agencies of the Five Eyes have been accused of intentionally spying on one another's citizens and willingly sharing the collected information with each other, allegedly circumventing laws preventing each agency from spying on its own citizens. See the entry called UKUSA_Agreement for more info.
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Re: Rule 41

Postby cactuspete » Mon Sep 26, 2016 4:24 pm

Another Judge Declares FBI's Playpen Warrant Invalid, Suppresses All Evidence
This is only one step away from planting evidence and it certainly would make planting evidence extremely easy. Remember the main reason laws against child porn exist is to make it easy to bust anyone at anytime. The claim that the laws exist to protect children has been disproven time and time again. Recall all the times teens and pre-teens have been arrested for posting naked pictures of themselves. The pictures don't even qualify as porn and yet the kids are arrested for producing child porn (of themselves). It's already too easy to plant "evidence" on computers, but allowing this kind of activity makes it way too easy and way too convenient.
With hundreds of cases all over the nation (and many more handed off to foreign law enforcement agencies) stemming from a single warrant, this collection of rulings is far from coherent. But, more often than not, judges have found that the reach of the FBI's NIT deployment far exceeded its Rule 41 grasp. That all could change by the end of the year, making future investigations handled in this manner (running seized websites to deploy hacking tools) much less likely to be successfully challenged in court.

LINK:
https://www.techdirt.com/articles/20160921/06451335583/another-judge-declares-fbis-playpen-warrant-invalid-suppresses-all-evidence.shtml
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Re: Rule 41

Postby shadylady » Tue Sep 27, 2016 7:41 am

cactuspete: You make several good points and the use by law enforcement of CP as an excuse to make laws which sidestep the Fourth Amendment has been quite effective. People fall for that trick every time since they react emotionally and fail to think about the issue rationally. The existence of CP is a small price to pay for our freedoms, but we as a nation give our freedoms away for practically nothing as if we hate our own freedoms more than the supposed terrorists hate our supposed freedoms.
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