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FBI's Hacks Don't Comply With Legal Safeguards

An anonymous reader writes: The FBI hacks computers. Specifics are scarce, and only a trickle of news has emerged from court filings and FOIA responses. But we know it happens. In a new law review article, a Stanford Ph.D. candidate and privacy expert pulls together what's been disclosed, and then matches it against established law. The results sure aren't pretty. FBI agents deceive judges, ignore time limits, don't tell computer owners after they've been hacked, and don't get 'super-warrants' for webcam snooping. Whatever you think of law enforcement hacking, it probably shouldn't be this lawless.

7 of 64 comments (clear)

  1. Surprise? by Anonymous Coward · · Score: 5, Insightful

    Is there anyone in the world who does not believe the American CIA/FBI/NSA don't spy on whoever they want without regard to the legal process? When you have that kind of power and secrecy, you use it. And you don't let some pesky 200+ year old document stop you. Warrants are a mere formality; by the time they get around to getting one they already have the info they want. All the warrant is for is to make it legally admissible in court.

    1. Re:Surprise? by bill_mcgonigle · · Score: 4, Insightful

      And why shouldn't they? Do you think a single person will see a minute in prison for this?

      Knowledge is advantage is power - of course they will abuse their position - they have no incentive not to.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    2. Re:Surprise? by dcollins117 · · Score: 5, Insightful

      When "law enforcement officials" break the law it makes it hard to tell the good guys from the bad guys.

      Unwarranted surveillance means we are all considered suspects. We are not citizens anymore, we are suspects. What incentive do we have to cooperate with LEO?.

    3. Re:Surprise? by ihtoit · · Score: 4, Insightful

      who gives a fuck if it's republicrat or fucking fraggle ruled?? The point is it's fucked, partisan division be damned.

      --
      Political debates have me rolling my eyes so much I think I got optical whiplash. I should sue. - Foamy The Squirrel
  2. So they are behaving like criminals by gweihir · · Score: 5, Insightful

    Only that they have those in power behind them. When law enforcement is not bound by law anymore, that is a police state, the precursor to a totalitarian state. The signs are well-known from past occurrences, as is the further story: Unless constrained very tightly by the law again, these people will eventually cause a total catastrophe. Checks and balances are not fluff, they are essential to keep the likes of these people in check.

    --
    Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
  3. FBI: "So What!" by Anonymous Coward · · Score: 5, Insightful

    The FBI doesn't give a shit about the law or the rules. Who's going to stop them?

    You can't sue, because you can't prove you have standing. They use their illicitly gathered evidence to parallel-construct a case without ever revealing whatever hacks they used. They classify volumes of information to hide evidence of their own wrongdoing. They use secret tools like stingrays to gather secret evidence which they attempt to present in secret, sealed and off the record. And in the event that an "activist judge" calls them on it, they withdraw the evidence so as not to have it revealed, and then re-file charges a month later to go shopping for a different judge.

    The police state is strong in America. Hoover is jizzing in his grave, I'm sure.

  4. Amusing by nehumanuscrede · · Score: 4, Insightful

    I find it odd that we're supposed to follow the rule of law, yet the very ones in charge of enforcing those laws seem to have no qualms at all about breaking them whenever it suits their needs. All under the guise of "protecting" us from $evilplot of course. :|

    In the end, Orwell was right I guess. Some animals are more equal than others.