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Judicial Committee Approves FBI Plan To Expand Hacking Powers

Presto Vivace sends this report from the National Journal: A judicial advisory panel Monday quietly approved a rule change that will broaden the FBI's hacking authority despite fears raised by Google that the amended language represents a "monumental" constitutional concern. The Judicial Conference Advisory Committee on Criminal Rules voted 11-1 to modify an arcane federal rule to allow judges more flexibility in how they approve search warrants for electronic data, according to a Justice Department spokesman. Known as Rule 41, the existing provision generally allows judges to approve search warrants only for material within the geographic bounds of their judicial district. But the rule change, as requested by the department, would allow judges to grant warrants for remote searches of computers located outside their district or when the location is unknown.

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  1. WTF? by Jane+Q.+Public · · Score: 4, Insightful
    A judge's jurisdiction is a judge's jurisdiction. Attempting to change that would change our entire legal system. Just no.

    Sorry, but our legal system is based on Common Law, not just whatever a bunch of Congressional idiots decides it is.

    Further, the change would allow searches when "the location is unknown". Sorry, but that's a blatant constitutional violation.

    "... 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." -- Amendment IV

    Our very Constitution says quite explicitly they aren't allowed to issue warrants for "unknown" locations.