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Google: FBI's Plan To Expand Hacking Power a "Monumental" Constitutional Threat

schwit1 writes with news about Google's reservations to a Justice Department proposal on warrants for electronic data. "Any change in accessing computer data should go through Congress, the search giant said. The search giant submitted public comments earlier this week opposing a Justice Department proposal that would grant judges more leeway in how they can approve search warrants for electronic data. The push to change an arcane federal rule "raises a number of monumental and highly complex constitutional, legal, and geopolitical concerns that should be left to Congress to decide," wrote Richard Salgado, Google's director for law enforcement and information security. The provision, known as Rule 41 of the federal rules of criminal procedure, generally permits judges to grant search warrants only within the bounds of their judicial district. Last year, the Justice Department petitioned a judicial advisory committee to amend the rule to allow judges to approve warrants outside their jurisdictions or in cases where authorities are unsure where a computer is located. Google, in its comments, blasted the desired rule change as overly vague, saying the proposal could authorize remote searches on the data of millions of Americans simultaneously—particularly those who share a network or router—and cautioned it rested on shaky legal footing."

51 comments

  1. Damn if this goverment doesn't need MORE power! by Anonymous Coward · · Score: 0, Troll

    Come on, put this overweening government in charge of everyone's health care.

    Then we'll all literally have microphones and cameras shoved up our asses.

    1. Re:Damn if this goverment doesn't need MORE power! by Anonymous Coward · · Score: 3, Informative

      "What to all men with power want? More power." -- The Oracle.

      The only forces that can stop the government from attaining more power are:

      1) Wealthy special interest groups that want that power for themselves and have enough clout to fight for it (like Google, in this specific case).
      2) Unified pushback, in the form of informed voting, on the part of the majority of voters (extremely rare, as the issue has to be very direct and poignant for this to happen).

      That's the way it is. Have a nice day.

    2. Re:Damn if this goverment doesn't need MORE power! by CrimsonAvenger · · Score: 3, Insightful

      2) Unified pushback, in the form of informed voting, on the part of the majority of voters (extremely rare, as the issue has to be very direct and poignant for this to happen).

      Meaningless in the USA, at least. An "informed voter" has the same candidate choice as the uninformed voter, and the candidates have been vetted by the Parties.

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
    3. Re:Damn if this goverment doesn't need MORE power! by Bob+the+Super+Hamste · · Score: 1

      The work on that level, love or hate the tea party that is what they did. Go an run a bunch of like minded candidates in the primary election so that the only option is a candidate from your party that holds the correct views. Also by getting involved at the local precinct you can get rid of the incumbents by ensuring that they aren't on the ballot. Finally by getting involved at the local precinct level you can help shape the state party platform so you get to help define the litmus test used for future candidates.

      --
      Time to offend someone
    4. Re:Damn if this goverment doesn't need MORE power! by meta-monkey · · Score: 2

      “It comes from a very ancient democracy, you see..."

      "You mean, it comes from a world of lizards?"

      "No," said Ford, who by this time was a little more rational and coherent than he had been, having finally had the coffee forced down him, "nothing so simple. Nothing anything like so straightforward. On its world, the people are people. The leaders are lizards. The people hate the lizards and the lizards rule the people."

      "Odd," said Arthur, "I thought you said it was a democracy."

      "I did," said Ford. "It is."

      "So," said Arthur, hoping he wasn't sounding ridiculously obtuse, "why don't people get rid of the lizards?"

      "It honestly doesn't occur to them," said Ford. "They've all got the vote, so they all pretty much assume that the government they've voted in more or less approximates to the government they want."

      "You mean they actually vote for the lizards?"

      "Oh yes," said Ford with a shrug, "of course."

      "But," said Arthur, going for the big one again, "why?"

      "Because if they didn't vote for a lizard," said Ford, "the wrong lizard might get in. Got any gin?"

      --
      We don't have a state-run media we have a media-run state.
    5. Re:Damn if this goverment doesn't need MORE power! by Anonymous Coward · · Score: 0

      You forgot some things in your list.

      3) general strike by the populace
      4) armed resistance

  2. Indeed. by Anonymous Coward · · Score: 1, Interesting

    Google would like a monopoly on the collection and distribution of information. The NSA/CIA are preferred customers. The FBI have far too much oversight.

  3. Hypocrisy by Anonymous Coward · · Score: 2, Funny

    Google doesn't give a damn about the privacy of the data of millions of Americans. All they care about is to keep the data to themselves and not share them with the authorities, only because they will lose market share.

  4. Google don't care about you by Anonymous Coward · · Score: 0, Informative

    Before going "good for Google" remember that they don't care about you - they only care about making sure the product (you) continues using their services so they can sell you to their real customers.

    Signed, the pissed off person who has just discovered that he can only watch age rated Youtube movies on his new phone after he creates a Google Plus profile (with all that involves). :-(

    1. Re:Google don't care about you by fuzzyfuzzyfungus · · Score: 4, Insightful

      You don't have to like or trust Google(and you shouldn't) to agree that "Hey, let's quietly change rule 41 so that all you need to 'remote search'(by means tactfully unspecified) a computer anywhere is the approval of a judge, doesn't much matter which, from one of the 94 federal districts, rather than one at least vaguely related to the matter at hand!" is...perhaps...a bad move.

    2. Re:Google don't care about you by ToasterMonkey · · Score: 1

      You don't have to like or trust Google(and you shouldn't) to agree that "Hey, let's quietly change rule 41 so that all you need to 'remote search'(by means tactfully unspecified) a computer anywhere is the approval of a judge, doesn't much matter which, from one of the 94 federal districts, rather than one at least vaguely related to the matter at hand!" is...perhaps...a bad move.

      I was always told the Internet didn't have borders, and an IP isn't a person, blah blah blah... now people want to somehow pin their citizenship and legal jurisdictions to their IP when it suits them.

      Reality is catching up to the Internet, and it's free spirited nature isn't going to be a legal smoke screen much longer.

    3. Re:Google don't care about you by fuzzyfuzzyfungus · · Score: 1

      My concern is less about that than about the possibility that(if any judge from any district will do) the tendency of the judiciary to rubber-stamp warrants will be markedly increased.

      If the FBI has to deal with Judge X, Y, or Z; because they are in district 61, it is at least possible that they'll have to put together a convincing warrant request, lest it be denied. If they can pick any federal district judge, it won't exactly be a big secret which judge you want to talk to if you need some utter bullshit approved.

      When it is the job of the judiciary to be at least skeptical, if not somewhat adversarial, when law enforcement comes knocking with a request to go break into something looking for evidence, increasing the pool of candidates for an "If you won't, someone else will." approach to getting a warrant approved really isn't much of a virtue.

  5. Hmmm by Anonymous Coward · · Score: 2, Funny

    Traitors be Traitin? LoL

  6. Does this really matter? by Anonymous Coward · · Score: 0, Interesting

    The Law is whatever you believe it to be.

  7. Two things: by gstoddart · · Score: 5, Insightful

    the proposal could authorize remote searches on the data of millions of Americans simultaneouslyâ"particularly those who share a network or routerâ"and cautioned it rested on shaky legal footing

    1) Of course it is
    2) That's the frickin' point

    See, the people advocating unlimited surveillance couldn't possibly be stupid enough to not know this.

    They just don't give a fuck.

    This is "Yarg! We need security by any means, and if we shit on your rights, too fucking bad, because we're the good guys".

    These clowns might actually believe they're "doing this for the greater good" -- but so does every fascist and dictator who decides they will do it anyway and we'll thank them later.

    Unfortunately, since these people have sworn to uphold the Constitution, I think they should be hanged or shot. Because whatever they think they're protecting, they're doing more damage to our liberties than they are solving problems. In fact, they've become the problem.

    Once they get over their illusion they're doing it for our own good, then the fun really begins, and the fascism really goes into effect.

    Law enforcement have basically said "fuck the law, the law is what we say it is". And they feel entitled to do anything they want to. Which means law enforcement is more or less deeming themselves in charge of everything.

    --
    Lost at C:>. Found at C.
    1. Re:Two things: by PPalmgren · · Score: 1

      "Attribute not to malice what can be easily explained by incompetence."

      I know it seems like something that people should easily understand and know, but our society (and in this case beaurocracy) is naturally populated by specialists/savants because of the way we approach and reward work. All some of these people see and do every day involves chasing bad guys, and some of them really can't think outside of their benefits of the change to see the damaging implications. Its kinda like multinationals naming a product that sounds like offensive slang in a foreign language without knowing. Or, a more obvious and closer-to-home example for this crowd, the manager / corporate officer that cripples IT security in response to non-IT complaints that their computers are inflexible and hindering their work.

      It could very well be malice, but don't rule out incompetence.

    2. Re:Two things: by davydagger · · Score: 4, Insightful

      god help you if you ask them what security they provide.

      First you'll find that the powers you gave them "only to fight terrorism" are being used to drug cases and other petty crime

      Next you'll find that drug cases and other petty crime are only against personal enemies, and done with such dubious methods you cannot be sure of their guilt, and their powers aren't being used to find bad guys, but to frame people.

      What the three letter soup wants is power to frame people and not have the framing questioned, by framing anyone who questions them.

      You see we've been tacitly complicit in giving up our rights to fight "the war on drugs", but instead of stomping out drug use, drug use has soared, and our rights have been abandonded. They have no intention of protecting you from drugs or terrorism, and don't mind the occational terrorist or drug lord from causing a muckety muck to expand their powers.

    3. Re:Two things: by meta-monkey · · Score: 3, Interesting

      I used to think that way, but then I saw PRISM. That's not incompetence. That's exceedingly, exceedingly competent. Which leaves...

      --
      We don't have a state-run media we have a media-run state.
    4. Re:Two things: by Anonymous Coward · · Score: 1

      Woah there, slow down a little. "hanged or shot" ?
      They're malicious sadists wearing the flag as the loincloth they rub all over our shackled faces, not some evil whistleblower warning the world about the murderfucking-frenzy said malicious sadists are performing on some soon-to-have-been-terrorists-all-along civilians that got black-bagged at walmart.

    5. Re:Two things: by Anonymous Coward · · Score: 0

      Never attribute to incompetence what can be easily explained by malice.

      You don't make it into government without at least a modicum of social intelligence and enough ethical wiggleroom to smuggle a few skyscrapers, and certainly don't make it to an influential position without agreeing with the methods and results that the rest of us are taking issue with in the first place. Otherwise you wouldn't be sitting in that chair, you'd be in jail for having opened your damned mouth.

    6. Re:Two things: by gstoddart · · Score: 1

      Any sufficiently advanced incompetence is indistinguishable from malice.

      At a certain point, I simply don't care if it's malice or incompetence.

      Because once you're so massively incompetent .. it really doesn't matter.

      If they won't fix their incompetence, then treat them as if they're malicious. The results are the same -- they are not trustworthy. Not even a little.

      --
      Lost at C:>. Found at C.
    7. Re: Two things: by Anonymous Coward · · Score: 0

      Good points can definitely agree on that line of thought

    8. Re:Two things: by Anonymous Coward · · Score: 0

      they provide security to their interests

      they want to "prove" they and their more local cohorts are needed

      drugs and most crime are commerce, without money you don't matter

      war on drugs, a tax payer fueled ad campaign. they sell it in the prisons as well.

      1984 was not an instruction manual

    9. Re:Two things: by bensch128 · · Score: 1

      You seem to forget that getting the warrant is only the first step in the legal process. Next the actual surveillance (aka hacking) needs to be done and then the evidence needs to be presented in court in public. All of that requires time and energy. This is a heck of a lot better then the warrantless mass surveillance done by the NSA and company

  8. I don't get it... by duck_rifted · · Score: 1

    Aren't they at least going to see if Memex works before they try their contingency plan? If they've got that little faith in it, then I hope it was cheap to develop.

    1. Re:I don't get it... by fuzzyfuzzyfungus · · Score: 4, Insightful

      "Parallel Construction"... What good is a cool, powerful, sinister toy if you don't have a cover story that allows you to lie about the origins of evidence that would otherwise be inadmissible?

    2. Re:I don't get it... by duck_rifted · · Score: 2

      Memex isn't sinister at all. It's a very old idea, and it allows indexing of every possible URL out to some length, in real time. For those who have the resources to run it, that's a pretty nifty device. If they can see every criminal website, then they can obtain warrants for the sites based on their content. At that point, they can seize servers to catch the sites' clients.

      Parallel construction is automatically built into that. While they're building a database of website clients, they have probable cause for a warrant to target local machines. If they need another layer, then they can subpoena the ISP.

      If we were to be cynical then we could say that they want the use of encryption to qualify as probable cause (they've asked for that), but that's a really, really bad idea. And I don't think that's what this is. I think this is about trying to get in the middle of connections to locate clients and websites at the same time, which suggests either that they're understaffed or that they have no faith in Memex. I'd find it hard to believe that the FBI isn't well-staffed.

    3. Re:I don't get it... by duck_rifted · · Score: 1

      I should have thought to type this rather than reply for an addendum. Being able to figure out their strategy with Memex, one might hesitate to post it. We wouldn't want to encourage criminals to try to circumvent it, after all.

      Thing is, you can't. That kind of indexing power can even overcome the character limit I mentioned just by doing different checks every n cycles of the program. It's perfectly scalable too. There's no evading it. If a site exists, they will see it, period. And not only sites but everything that can be reached via URL with any protocol they choose to employ.

      That's a checkmate when it comes to things like TOR. So, it's hard to imagine why they're reaching for more than Mjornir just to strike a nail. And I guarantee that because we've heard of the Memex tool, it has already been running for some time.

  9. Jurisdictional reach around by Anonymous Coward · · Score: 5, Insightful

    Suppose you let judges authorize surveillance where the location cannot be determined. Five things would happen:

    1) FBI would not try to determine the location, because they might find it is an unfriendly location with an unfriendly judge
    2) FBI would shop for jurisdiction. Just as patent trolls all go to Marshall Texas, the troll rubber stamping capital of the world, so the FBI will go to whatever district will rubber stamp their requests.
    3) Fail to get the warrant? There's no cross linkage between districts, judges won't spot they're being asked again for the same warrant, so FBI can simply keep hawking the request around till the get it.
    4) Target will be listed as 'terrorist', actual target device will be router through which millions of peoples data passes, but then why would a judge in Aspen care about people in Newyork. They're not his family and his friends.
    5) The FBI contracts this out to NSA, who accidentally store all the info while processing the warrants in these giant data centers they accidentally built, and accidentally data mine it.

    1. Re:Jurisdictional reach around by Anonymous Coward · · Score: 4, Informative

      1) FBI would not try to determine the location, because they might find it is an unfriendly location with an unfriendly judge
      2) FBI would shop for jurisdiction. Just as patent trolls all go to Marshall Texas, the troll rubber stamping capital of the world, so the FBI will go to whatever district will rubber stamp their requests.
      3) Fail to get the warrant? There's no cross linkage between districts, judges won't spot they're being asked again for the same warrant, so FBI can simply keep hawking the request around till the get it.
      4) Target will be listed as 'terrorist', actual target device will be router through which millions of peoples data passes, but then why would a judge in Aspen care about people in Newyork. They're not his family and his friends.
      5) The FBI contracts this out to NSA, who accidentally store all the info while processing the warrants in these giant data centers they accidentally built, and accidentally data mine it

      This, that, those, and the others.

      As the old saying goes, "Whenever a controversial law is proposed, and its supporters, when confronted with an egregious abuse it would permit, use a phrase along the lines of 'Perhaps in theory, but the law would never be applied in that way' - they're lying. They intend to use the law that way as early and as often as possible."

      > In its own comments, the Justice Department accused some opponents of the rule change of "misreading the text of the proposal or misunderstanding current law."

      And that's pretty much the dead giveaway. A bunch of non-lawyers can see the loopholes you cite from a mile away, and a bunch of actual lawyers whose day job is finding whatever loopholes the law allows that will strengthen their cases are pretending to be willfully blind. Methinks they doth protest too much.

  10. What does it matter? Will it affect the elections? by fustakrakich · · Score: 1

    Sorry, the vast majority (98%) is okay with this.

    --
    “He’s not deformed, he’s just drunk!”
  11. Re:What does it matter? Will it affect the electio by Anonymous Coward · · Score: 0

    Nothing will affect the elections. They are rigged. It will either be D or R.... no relief.

  12. Re:What does it matter? Will it affect the electio by fustakrakich · · Score: 1

    Bullshit. There are many options.

    --
    “He’s not deformed, he’s just drunk!”
  13. Re:What does it matter? Will it affect the electio by Anonymous Coward · · Score: 1

    Bullshit. There are many options.

    You can't win an election in the US without network television. They only deal with R or D. The other options are a waste of time. Those in control like it that way, but I'm sure you already know that.

  14. Evil knows Evil by nehumanuscrede · · Score: 1

    When the most privacy insensitive company on the planet is telling you it's a serious privacy issue, that's something you really might want to consider revisiting before proceeding any further.

    Given the US Governments recent track record of pretty much spying on anything worth spying on, it really shows their arrogance and disregard towards anything resembling laws, rules, or even the will of the people it was originally designed to represent.

  15. Well, After All by Anonymous Coward · · Score: 0

    Pres. Richard M. Nixon commissioned a secret study to build an IRON DOME above DC and 3 KM below to insure that his enemies would be thwarted in their efforts to kill him.

    The General Services Office green-lighted the construction and EPA impact assessments and alerted prominent engineering contractors in California on the day before Pres. Richard M. Nixon, resigned.

    Never the less, the contracts were let, the designs formulated and the EPA assessments performed and all are held in "Archives" for the next, Emperor of the USA.

    Obama is NOT the next Emperor; he is just a toilet tissue like Saddam.

    Ha ha

  16. Re:What does it matter? Will it affect the electio by Anonymous Coward · · Score: 1

    Just takes coke and D grades, Bush did it! Drug cartels who?

  17. dem fedz be haxxin by Anonymous Coward · · Score: 0

    and google doesn't like the competition

  18. Last month by Anonymous Coward · · Score: 1

    ... authorize remote searches on the data of millions ...

    The ASD (Australia's version of NSA/GCHQ) demanded this power 5 months ago. Plus the authority to plant files on suspects' computers. It's a sad day when one's country beats the USA to fucking-over legal protections for its citizens. This may not be law since I can't find any mention of "National Security Legislation Amendment Bill (No. 1) 2014" on the Commonwealth law web-site.

  19. Re: Damn if this goverment doesn't need MORE power by Anonymous Coward · · Score: 0

    Health care has what to do with overreaching power grabbing law enforcement? Oh yeah, nothing, so you're either a paid shill or a moron. Or, likely, both.

    I mean, putting private for profit companies in charge of deciding who gets what care at what cost just works out so well.

  20. Yeah by Anonymous Coward · · Score: 0

    No matter HOW cartoonish our brethren on the right/red side of the aisle might get with their anti science pathological lying...

    Then the OBAMA Justice Department goes all 1984 and you really do realize that both sides are BULLSHIT.

  21. Re:What does it matter? Will it affect the electio by fustakrakich · · Score: 1

    Well, they're just going have to use Justin Bieber's mom to manage a youtube campaign then. If adults have to be spoon fed like this, they're getting what they deserve.

    --
    “He’s not deformed, he’s just drunk!”
  22. Jurisdiction? by ramriot · · Score: 1

    If a granted warrant is out of the jurisdiction of one appointed legal entity what are the chances that it will be inside the jurisdiction of another. I would say the chances are 100%. So lets say a judge grants such a thing to the FBI, location unknown. They then go off and gather evidence, remotely. Only later when using that evidence to present an international arrest warrant do they expose the location.

    The defence teem would I guess have a field day, presenting the FBI with their own arrest warrant accusing the FBI of a Cyber-crime across international boarders. Supported by new anti-cyber-crime laws that the US via the MPAA/RIAA fought long and hard to put into place by international treaty.

  23. Real Hazard by JimSadler · · Score: 2

    Law enforcement has already reached a point at which many crimes must remain unpunished due to the economy of making arrests. There is already a situation in which only crimes that can generate money for the state are sought out. For example a drunk driver will pay stiff fines, be forced to make bail and often end up with mandatory therapy sessions with a county agency which charges a hefty fee week after week for months or years as well as a probation fee every month and states and counties may get a boost in federal funding for making such arrests. But there are other crimes that simply cost the state money so those arrests are sometimes avoided. But worse yet we have so many things considered crimes that many people are not aware they are committing a crime. These people can be leaned on by law enforcement to provide information or do things that they would not normally do. There are child welfare workers who get a call from the cops concerning a need to bash into a home and ask the child welfare worker to call in an address over a supposed complaint of a child being mistreated at the address. Armed with a bogus warrant the cops can gain sudden entry and search a home. This has gone on for decades. The child welfare workers need cooperation from the cops and are unusually willing to help generate such false warrants.

  24. Re:What does it matter? Will it affect the electio by meta-monkey · · Score: 1

    Absolutely. I should have voted for the libertarian gubernatorial candidate who wanted my state to issue its own currency backed by gold.

    So, great, my options are evil, evil, or loony.

    --
    We don't have a state-run media we have a media-run state.
  25. Re:What does it matter? Will it affect the electio by fustakrakich · · Score: 1

    The options are what your neighbors provide you.

    --
    “He’s not deformed, he’s just drunk!”