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FBI Seeks To Legally Hack You If You're Connected To TOR Or a VPN

SonicSpike writes The investigative arm of the Department of Justice is attempting to short-circuit the legal checks of the Fourth Amendment by requesting a change in the Federal Rules of Criminal Procedure. These procedural rules dictate how law enforcement agencies must conduct criminal prosecutions, from investigation to trial. Any deviations from the rules can have serious consequences, including dismissal of a case. The specific rule the FBI is targeting outlines the terms for obtaining a search warrant. It's called Federal Rule 41(b), and the requested change would allow law enforcement to obtain a warrant to search electronic data without providing any specific details as long as the target computer location has been hidden through a technical tool like Tor or a virtual private network. It would also allow nonspecific search warrants where computers have been intentionally damaged (such as through botnets, but also through common malware and viruses) and are in five or more separate federal judicial districts. Furthermore, the provision would allow investigators to seize electronically stored information regardless of whether that information is stored inside or outside the court's jurisdiction.

28 of 385 comments (clear)

  1. Bad idea by AmiMoJo · · Score: 4, Insightful

    If the FBI starts to attack Tor and VPN users, those users are going to fight back. If they are not in the US the FBI might not be able to stop them doing it either.

    All this kind of thing does is make the US a more legitimate target for cyber attacks. The NSA and GCHQ are already fair game for hacking because they try to illegally hack you, so it's just self defence.

    --
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    1. Re:Bad idea by ron_ivi · · Score: 4, Insightful

      Most VPNs are corporate.

      I imagine corporations will fight back legally if/when their employees start getting hacked by the FBI.

    2. Re:Bad idea by davydagger · · Score: 4, Insightful

      I think thats the point. Once they start fighting back, you can now openly declare war, and then have everyone who even remotely looks suspicious arrested.

      Read, the war on nerds continues

      Realisticly what can we do?

      How about this, until this happy horse shit stops, lets all boycott working for the federal government. Take a job somewhere else. Unexpectedly find reasons to be somewhere else when they ask for help. Play internet detective and debunk all their theories on digital warfare.

      Someone else can wage digital war on North Korea, Syria, Russia, and China. Someone else can keep state secrets safe. Just pass this around until we get a complete boycott on working for Uncle Sam.

      Lets also continue to heckle recruiters and inform the n00bs to stay away from these people.

      We don't need a war, we need to go on strike.

    3. Re:Bad idea by ShanghaiBill · · Score: 5, Insightful

      If the FBI starts to attack Tor and VPN users, those users are going to fight back.

      Both TFA and the summary wildly misrepresent what this is all about. The FBI is NOT asking for permission to attack anyone that happens to be using Tor or a VPN. What they are asking for is the ability to get a warrant to search a particular Tor/VPN node, that appears to be engaging in criminal activity, without knowing who the owner is or where the system is physically located.

    4. Re:Bad idea by PhilHibbs · · Score: 5, Insightful

      Why would my employer fire me for using the corporate VPN from home? That's precisely what the VPN is for!

    5. Re:Bad idea by jandrese · · Score: 4, Insightful

      Wait till your corporations trade secrets are leaked because the FBI's collector was insecure.

      --

      I read the internet for the articles.
    6. Re:Bad idea by epyT-R · · Score: 3, Insightful

      I meant if you were using one on their system for something else as it would be breaking the law. The net result is that VPN use without a license will become a federal offense, like everything else.

    7. Re:Bad idea by redmid17 · · Score: 5, Insightful

      The ability to get a warrant "without providing specific details" and the person doesn't have to be within the court's jurisdiction.

      That's, um, just as troubling as it sounds.

    8. Re:Bad idea by ShanghaiBill · · Score: 4, Insightful

      That's, um, just as troubling as it sounds.

      Yes, it is troubling, and we should be having a rational discussion about that. Instead we have a lot of hysterical rants based on the wildly misleading headline, summary, and article, that imply that the FBI wants to "legally hack" anyone connected to TOR or a VPN. That is not at all what this is about. By trying to manufacture outrage about a phony issue, the author is obfuscating the real issue.

    9. Re:Bad idea by Anonymous Coward · · Score: 2, Insightful

      Were it not for the snooping, there would have been nothing to hand over.

    10. Re:Bad idea by Chandon+Seldon · · Score: 5, Insightful

      You can't really separate those things. The simple fact of securing information is that once it's out you have zero control over where it goes.

      As a company, the only outside people who should get access to your information are your lawyers and entities that have signed an NDA. Unless GCHQ is going to sign an NDA, a competent Airbus managment can not tolerate snooping.

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      -- The act of censorship is always worse than whatever is being censored. Always.
    11. Re:Bad idea by TemporalBeing · · Score: 4, Insightful

      I imagine corporations will fight back legally if/when their employees start getting hacked by the FBI.

      Why would a corporation care?

      One word: Liability.

      Corporations would very much care because of liability concerns - both domestically to the US and foreign to other countries. It's already becoming enough of an issue that companies are taking to hosting data regionally instead of centrally just from a legal liability perspective.

      For instance, suppose there was conversation going on regarding what to disclose to the US government over the operations of a foreign subsidiary between the execs and their lawyers? Regardless of the topic, matter-at-hand, or end result that is protected conversation regardless of medium, and the existence of the VPN would mean they expected it to be carried out in private.

      And you can certainly bet the lawfirms will fight it too.

      --
      Truth is like the sun. You can shut it out for a time, but it ain't goin' away. - Elvis Presley (source: imdb.com)
  2. Also if you've ever used TOR or a VPN by Anonymous Coward · · Score: 3, Insightful

    Or if you know somebody who has used TOR or a VPN. Or if you know what TOR or VPN is. Or if you might know somebody who might possibly know someone else who could know what TOR or VPN is. In fact, the FBI just wants to hack you.

  3. Sure, you have the right to privacy, by Anonymous Coward · · Score: 5, Insightful

    but if you use it, that is grounds for us to take it away.

    Makes perfect sense in an inside the belt way sort of way.

  4. USPS by buback · · Score: 3, Insightful

    So the Postal service is still the most secure legally protected method for sending data. Just mail CDs.

  5. Corporations and Companies by captnjohnny1618 · · Score: 2, Insightful

    Boy, I can imagine all of the companies that have employees connect through VPNs to do confidential work will love this. I work for an internationally-based corporation that has me on a VPN before I can even BEGIN to work and I would imagine they'll be pretty pissed off if the FBI is legally hacking into their private systems.

    This is such bullshit. When are we going to get some lawmakers who actually understand the fucking technology?

    Such idiots...

    1. Re:Corporations and Companies by neilo_1701D · · Score: 4, Insightful

      When are we going to get some lawmakers who actually understand the fucking technology?

      They understand the technology well enough. It's the Constitution they're having problems understanding.

  6. work from home users by hawguy · · Score: 3, Insightful

    When I'm connected to my company's VPN connection, they route all of my traffic over that connection, sounds like this law is giving the feds carte blanche to hack all work-from-home users.

    1. Re:work from home users by DarkOx · · Score: 3, Insightful

      That's not what's meant by VPN in this context.

      "context" don't make me laugh. There is no application of context to modern law. All sides take advantage. The words are stretched and the intents are ignored until the law can practically mean anything the AG wants it to mean that day. "VPN" already has plenty of interpretations in the tech world once the legal world gets hold of it, it is certain to be interpreted as just about anything that isn't a direct essentially the most direct path between hosts available using a plaintext protocol.

      If you think otherwise you are crazy, or haven't been paying attention.

      --
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  7. God damn Bush and Cheney by Anonymous Coward · · Score: 2, Insightful

    Once we kick those evil Rethuglicans out of power, we'll see the Democrats restore our rights.

    Yeah, that worked out real well.

    Are we beginning to see that the problem is the government itself, and not the particular party in power?

    And are we beginning to see that giving that government more money is a really bad idea?

  8. Wow ... by gstoddart · · Score: 4, Insightful

    So it's true ... when they outlaw privacy, only criminals will have privacy.

    And then there's this:

    Furthermore, the provision would allow investigators to seize electronically stored information regardless of whether that information is stored inside or outside the court's jurisdiction.

    We want extraterritorial laws, with no judicial oversight.

    I'm sorry, but can the rest of the world decree that FBI agents should all be shot on sight as enemies of basic civil rights? The argument is about equally stupid as what the FBI claim.

    America, you have a problem, and you are making it the problem of everyone on the planet.

    Land of the free and home of the brave? You have to be fucking kidding us.

    --
    Lost at C:>. Found at C.
  9. Let's see if I got this right by real+gumby · · Score: 5, Insightful

    The US government funded Tor development and encourages its use as a way to avoid repressive governments and then considers its use in the US to be a suspcious act.

    The irony, it burns!

  10. Re:Please do by Anonymous Coward · · Score: 0, Insightful

    .docx files don't allow macros.

  11. 4th amendment requires specifics by MobyDisk · · Score: 3, Insightful

    From the article:

    ...without providing any specific details as long as the target computer location has been hidden through a technical tool like Tor or a virtual private network. It would also allow nonspecific search warrants...

    Text of the 4th amendment to the constitution:

    The right of the people to be secure in their persons, houses, papers, and effects,[a] against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

    The article is light on details, but if it is accurate, this looks like a straightforward violation of the 4th amendment. The devil is always in the details though. The article may be an oversimplification.

  12. Re:Locked Homes are Next? by gstoddart · · Score: 3, Insightful

    It's only for scanning buildings before entering to serve already-valid warrants.

    And what proof do you have of that? What assurances do you have they don't abuse this?

    Sorry, but assuming law enforcement gives a shit about the law, or will follow it, is now such a naive and moronic statement as to be bordering on delusional. Increasingly, law enforcement wants to get around the law and oversight, and just do whatever the hell they want.

    Which means you more or less have to assume they're going to misuse every tool in the book, and treat them like children.

    And a valid warrant? Don't make me fucking laugh. How many times have law enforcement broken into the wrong damned home and killed some poor schmuck who wasn't doing anything other than defending his home from masked assailants?

    I'm long past the point where I trust the actions, motivations, or ethics of the fucking police.

    Because apparently they either don't know the law, or don't care.

    Which is precisely why people don't trust them, and are growing hostile to them. If collectively the police don't give a shit about our rights, WTF would we give them more power with less oversight.

    Sorry, but this is bad policing by agencies who find following the law too inconvenient.

    --
    Lost at C:>. Found at C.
  13. Re:Locked Homes are Next? by gstoddart · · Score: 4, Insightful

    And then they'll outlaw that.

    Essentially anything which interferes with their ability to monitor your without restriction is now being deemed illegal.

    Soon, they'll make it illegal to have secrets in your head, and you must submit to mandatory questioning and reeducation.

    Sorry, but America has jumped the shark, and is taking down the whole world with them.

    And for some reason, people are blindly accepting this crap.

    --
    Lost at C:>. Found at C.
  14. Re:fan hitting event on the horizon by ShaunC · · Score: 5, Insightful

    ALL major online email providers (google mail, yahoo, microsoft, etc.)

    That horse has already left the barn, they even poked fun at Google's internal setup with a doodle. There was no enormous shitstorm. Google responded by encrypting their internal traffic (or announcing that they did, anyway) and life went on. Millions upon millions of Americans simply don't care, and millions more actually want the government reading everyone's email because they think it protects us from them ay-rab turrists. Until the surveillance apparatus somehow fucks up football or The Voice or Pawn Stars, nobody's going to give a shit.

    --
    Thanks to the War on Drugs, it's easier to buy meth than it is to buy cold medicine!
  15. You do not have to latch if you are innocent by paiute · · Score: 3, Insightful

    My Lord, I request permission to knock in any door in Boston which my men find latched.

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