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Here's the authorities they cite > a magistrate judge ... has authority to issue a warrant to use remote access to search electronic storage media and to seiz
by iudqnolq 6y ago
Here's the authorities they cite
> a magistrate judge ... 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 ... the media are protected computers that have been damaged without authorization and are located in five or more districts.
> A warrant may be issued for any of the following:
(1) evidence of a crime;
(2) contraband, fruits of crime, or other items illegally possessed;
(3) property designed for use, intended for use, or used in committing a crime; or
(4) a person to be arrested or a person who is unlawfully restrained.
https://www.law.cornell.edu/rules/frcrmp/rule_41 https://www.law.cornell.edu/rules/frcrmp/rule_41
- mjn 6y agoInteresting, I had missed that. The language allowing remote searches when computers "have been damaged without authorization and are located in five or more districts" seems to be recent, added by Congress in a 2016 amendment: https://www.justice.gov/archives/opa/blog/rule-41-changes-ensure-judge-may-consider-warrants-certain-remote-searches https://www.justice.gov/archives/opa/blog/rule-41-changes-en...
- iudqnolq 6y agoInteresting. Fyi I found those quotes by looking up the citations in the application.
- cryptonector 6y agoUsually warrants have to be pretty specific. This one is, as to the thing that they are searching for. But it isn't, not as to the places to search. Anyways, I doubt the warrant will be challenged, so it works. It's quite the innovation. I... like it, provided they really do only uninstall the malware and close the vulnerability.
- cldellow 6y agoIt's very specific about the places to search. They are listed in appendix A -- every server that has a web shell installed is enumerated by the URL of the shell.
- cryptonector 6y agoAh, got it. Thanks!
- bimboler38 6y agoInb4 in a couple years we find out they did just a bit more than expected
- jrochkind1 6y agoThe first time they innovate like this, they'll be very careful to do it in a way that seems beyond reproach, probably only uninstall the malware and close the vuln etc. Once it gets established as a legal thing, they'll keep pushing it...