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Computers and Warrants: Some Senators Oppose Justice Plan (go.com)
A group of bipartisan senators introduced a bill on Thursday that blocks a pending judicial rule change allowing U.S judges to issue search warrants for remote access to computers in any jurisdiction, even overseas. Associated Press reports: Justice Department officials say that requirement is not practical in complex computer crime cases where investigators don't know the physical location of the device they want to search. In instances when cybercriminals operate on networks that conceal their identity and location, the government wants to ensure that any magistrate in a judicial district where a crime may have occurred can sign off on a search warrant that gives investigators remote access to the computer. The Obama administration says that authority is especially critical in cases involving botnets, which are networks of computers infected with a virus that spill across those districts. As it now stands, federal officials say, they might have to apply for nearly identical warrants in 94 different courthouses to disrupt a botnet.The U.S. Justice Department has pushed for the rule change since 2013. It has assumed it as a "procedural tweak" needed to modernize the criminal code to pursue sophisticated 21st century criminals, reports Reuters. Congress has until Dec 1 to vote to reject, amend or postpone the changes to Rule 41 of the federal rules of criminal procedure. If lawmakers fail to act, the change will automatically take effect, a scenario seen as likely given the short timeline. ZDNet has more details.
What are they going to do to figure out the jurisdiction anyway? Use Maxmind Geoip? Thats hopelessly unreliable! How else are they supposed to do this?
Hey, I know! Lets set up a special UN taskforce!
We can call it UNIT; United Nations Internet Taskforce! Need some kind of doctor and brigadier though.
In the free world the media isn't government run; the government is media run.
The physical issue you bring up doesn't really prevent them from *issuing* a search warrant. But it does inhibit their ability to *execute* the warrant. Executing it might require working with another government, or remotely hacking a server, or something like that. Do warrants state *how* they will be executed? Ex: If they get a warrant to search a computer, does the warrant state that they can or cannot hack it -vs- that they can sieze it -vs- they can copy the HD contents?
But yet a Chinese IP "attacking" their systems is grounds enough to start a war with China.
Strange world you Americans live in.
It depends what they're doing with the "attacks." A cyberattack that kills people can obviously be grounds for war.
Nobody is saying a cyberattack is enough to provoke a nuclear response. But if you don't want to get hit and the world has no policemen, you learn to defend yourself and you learn to hit back, until you both realize that it's more productive not to fight.
Your response doesn't need to be the same kind of hit the other person used--it just has to hurt them enough to show them it is unprofitable to continue. (But not so much that they must retaliate because of public demand).
Real lawyers write in C++
Perhaps a better idea is to create a new court that can issue warrants in a "cyber jurisdiction" - ie an IP address or address space. That court can be highly specialized and have expertise in issuing such warrants, and have no jurisdiction over any physical area. Once the results of any searches authorized under the "cyber warrant" are resolved to a physical location, then new warrants can be obtained from the traditional courts for those jurisdictions.
... the government wants to ensure that any magistrate in a judicial district where a crime may have occurred can sign off on a search warrant that gives investigators remote access to the computer.
And if the remote computer is located somewhere that local magistrate doesn't have any jurisdiction?
That's the whole point of the rule change. It would allow them to go to one magistrate and get the required warrant in situations where either they would need warrants from dozens of magistrates due to multiple locations (bot net example) or if they simply can't geolocate the computer they need to get into. It makes sense, on the surface at least. However this is law enforcement so you know there is some way they can use this to completely screw over the people.
I browse on +1 so AC's need not respond, I won't see it.