3 ms·
I would encourage anyone interested to actually read the proposed rule change. "(b) Venue for a Warrant Application. At the request of a federal law enforcemen
by tomku 10y ago
I would encourage anyone interested to actually read the proposed rule change.
"(b) Venue for a Warrant Application. At the request of a federal law enforcement officer or an attorney for the government:
(6) a magistrate judge with authority in any district where activities related to a crime may have occurred has authority to issue a warrant to use remote access to search electronic storage media and to seize or copy electronically stored information located within or outside that district if:
(A) the district where the media or information is located has been concealed through technological means; or
(B) in an investigation of a violation of 18 U.S.C. § 1030(a)(5), the media are protected computers that have been damaged without authorization and are located in five or more districts."
This is not "labeling you a criminal" or authorizing anyone to get a warrant to search your computer (remotely or otherwise) simply because you have a copy of the Tor Browser Bundle installed. The claims in the linked blog post are flat-out wrong.
What it's actually saying is that during the investigation of a crime, if either of those two criteria are met, the government can apply for a warrant in "any district where activities related to [the] crime may have occurred". That's it.
If you think about this for a second, it makes sense. It's not possible to file a search warrant in a jurisdiction that you can't determine until after the warrant is executed. This rule change allows the government to apply for that warrant in a known jurisdiction, that of one of the victims. It does not make anything illegal that was not already illegal. It does not "label" anyone anything. It's a simple recognition of the fact that you can't ask for a search warrant when you don't know physically where you'll be searching.
Now, whether the whole "remote search" thing is a good idea is a different question. I happen to think it's not. However, those remote searches are already a reality and spreading FUD about this fairly innocuous rule change won't change that.
Edit: My quote was FUBAR, sorry.
- deleted 10y ago[deleted]
- mrsteveman1 10y ago> It's a simple recognition of the fact that you can't ask for a search warrant when you don't know physically where you'll be searching. Isn't that in conflict with the 4th Amendment requirement that warrants must be written "particularly describing the place to be searched"? How do you describe the place if you don't know where it is?