Changes to a little-known rule that allows law enforcement agencies like the FBI to search multiple computers with one warrant go into effect in a few hours, prompting a stern warning from former NSA contractor Edward Snowden that the rights of all Americans are in jeopardy.
Snowden replied on Twitter late Wednesday to a tweet from Sen. Ron Wyden, D-Ore., who called attention to a failed 11th hour attempt on the Senate floor by himself and two colleagues to rally support for a unanymous consent to vote on three bills that would block or delay or put a stop to Rule 41 of the Federal Rules of Criminal Procedure, which goes into effect midnight Thursday.
“Without a debate or any new law, the rights of every American — and basic privacy of people around the world — have been narrowed,” Snowden wrote.
Without a debate or any new law, the rights of every American — and basic privacy of people around the world — have been narrowed. #Rule41 https://t.co/JstitiGBgs
— Edward Snowden (@Snowden) December 1, 2016
The amendments to Rule 41, proposed by federal judges and approved by the Supreme Court, are viewed by the Justice Department as necessary updates to the fighting cyber crimes in the Internet age.
As the law stands currently, a federal agent needs to go to a judge in a specific jurisdiction for a search warrant, but that has impeded investigations of suspects using computer technology that masks their location. The update would allow any judge to issue a warrant.
The update also looks to facilitate investigations into crimes that would involve authorities hacking computer networks with computers in five or more districts. With the changes, authorities would no longer need to secure individual warrants in each district, but would instead require only one warrant from a single judge.
Some, like the three senators who attempted to put a stop to updates, are concerned about the extended scope of these searches and the implications they bring without congressional hearings on the changes.
“We simply can’t give unlimited power for unlimited hacking,” said Sen. Steve Daines, R-Mont, according to the Hill. “This proposed solution essentially gives our government a blank check to infringe upon our civil liberties,” he added.
The effort by Wyden, Daines and Sen. Chris Coons, D-Del., was quickly swept aside when Majority Whip John Cornyn, R-Texas objected to all three of their bills.
The Justice Department claims the amendments do not change any traditional protections and procedures guaranteed under the Fourth Amendment, including the requirement that the government establish probable cause. The agency says that so-called “remote searches” were already issued under Rule 41 before the updates come into effect, and that most courts already allow the search of multiple computers with the use of a single warrant “so long as necessary legal requirements are met.”
Snowden disapproved of what he called a “dishonest” claims by the Justice Department.
“#Rule41 substantively changes the limits on the government’s powers. The FBI’s hacking was just legalized,” he tweeted.
The DOJ’s claims are dishonest: #Rule41 substantively changes the limits on the government’s powers. The FBI’s hacking was just legalized.
— Edward Snowden (@Snowden) December 1, 2016
