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Senator Urges Colleagues to Prevent Expansion of Government Hacking (onthewire.io)

Thursday Sen. Ron Wyden urged the Senate to block a pending change to federal Rule 41, which starting in December will allow judges to authorize remote access to an unlimited number of computers. An anonymous Slashdot reader quotes On The Wire's update on the "Stopping Mass Hacking" Act: In May, Wyden introduced a one-sentence bill that would prevent the change. The Senate has taken no action on the bill thus far and Wyden on Thursday warned that continued inaction on the issue would be dangerous. "If the Senate does nothing, if the Senate fails to act, what's ahead for Americans is a massive expansion of government hacking and surveillance powers..."

Wyden asked the Senate to pass his bill by unanimous consent, but Sen. John Cornyn (R-Texas) objected, saying that the change to Rule 41 was a simple one that would help law enforcement agencies know which venue is the correct one to ask for a warrant... Cornyn cited recent reports about hacks of the election systems in some states, possibly by foreign governments, as evidence of the need for the change. "This isn't a time to retreat and allow cyberspace to be run amok by cybercriminals. This is a very sensible tool of venue."

Google, PayPal, and the Tor Project are all opposing the pending rule change, along with the EFF, which is gathering signatures online for a petition arguing that vaguer warrants "could impact any person using a computer with Internet access anywhere in the world."

41 comments

  1. [redacted] by Anonymous Coward · · Score: 0

    [redacted]

  2. Win10? by Anonymous Coward · · Score: 1, Interesting

    Is this where we see the unveiling of the true nature of windows 10, to allow any agent of govt full access to your computer without a warrant?

    1. Re:Win10? by Anonymous Coward · · Score: 0

      Lame attempt at a troll dude ...

  3. Cornyn, Straw Man of the Senate (apologies to Oz) by Anonymous Coward · · Score: 3, Interesting

    This is my congressman. Senator Cornyn, the Straw Man of the Senate, is proof positive that you don't have to be born with Zika to have no brains. Sadly he keeps proposing measures that would have unfortunate and undesirable effects.

    For example, months ago Cornyn proposed a bill that would ban persons on the no-fly list from purchasing firearms. His incredibly naieve and idiotic characterisation of his bill was that it would stop terrorists from buying guns. As if all we needed to do was tell them to quit buying! And there was no consideration of the fact that the no-fly list is riddled with innocents who have no way to investigate or change their status on the no-fly list. Cornyn seemed blithely unaware of the constitutional questionability of the bill. Luckily it was discarded by more intelligent men and women.

    So Cornyn's at it again. We (his constituency) need to vote this fool out of office and get a different conservative, one with a brain instead. And there are plenty out there, you jokesters!

  4. Laws Cannot Guarantee Security by Anonymous Coward · · Score: 0

    The programmers and software engineers must implement strong security and encryption to protect their users. They should not trust governments not to snoop or to snoop only on the "right" people. Give people the powerful tools necessary to make their own decisions and don't give in to the fear of those who say nonsense like "omg, the terrorists"! The governments of this world are at least as dangerous to the ordinary citizen as a bunch of guerilla fighters in Elbonia.

  5. Americans by Anonymous Coward · · Score: 1

    Americans get all riled up when you post a picture of your dog sitting on a star spangled banner, but nobody seems to give a fuck when the government pisses all over the constitution.
    As a US citizen, this makes me sad...

    1. Re:Americans by jfdavis668 · · Score: 1

      US Constitution: Article I, Section I: All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

    2. Re:Americans by sims+2 · · Score: 1

      There was a Kickstarter to send a copy of the constitution to every member of congress but it wasn't successful. https://www.kickstarter.com/pr...

      I'm not sure why.

      --
      Minimum threshold fixed. Thanks!
    3. Re:Americans by Anonymous Coward · · Score: 3, Interesting

      Not sure which point you're trying to make (if any).
      That quote means the power of the government is granted by and limited to what's in the Constitution. Which doesn't include search without probable cause.

    4. Re:Americans by fahrbot-bot · · Score: 1

      There was a Kickstarter to send a copy of the constitution to every member of congress but it wasn't successful. https://www.kickstarter.com/pr...

      I'm not sure why.

      Looking at the Oath We Take for Senators (in its entirety below):

      “I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God.”

      One might presume they've already, actually, read the Constitution - since they've just sworn to defend it.

      --
      It must have been something you assimilated. . . .
    5. Re:Americans by TheRaven64 · · Score: 1

      They don't read most (if any) of the bills that they vote on, why should they read the constitution that they swear to uphold? It doesn't help that the majority of the constitution is written in dated legalese and largely impenetrable to mere mortals (there's a reason why, of the 4487 words in the constitution, a couple of hundred make up the vast majority of all of the parts people quote, and most of those are from the [somewhat more readable] amendments).

      --
      I am TheRaven on Soylent News
    6. Re:Americans by sims+2 · · Score: 1

      Well it's a nice thought but from their actions it doesn't appear that they have. Maybe it was so long ago that they have forgotten?

      --
      Minimum threshold fixed. Thanks!
    7. Re: Americans by Anonymous Coward · · Score: 0

      Nice logic. When you are in a courtroom and put your hand on the bible to verify what you say is true, does that mean you read the whole bible?

    8. Re:Americans by Hotawa+Hawk-eye · · Score: 1

      Think back to the last end user license agreement you agreed that you had read and whose terms you promised to satisfy. How confident are you that if I quizzed you on it, you could answer the questions? You can agree to obey or defend a document without reading it, understanding it, or intending to obey or defend it.

    9. Re:Americans by dgatwood · · Score: 2

      I'm not sure why.

      Perhaps because if you compare the first two stretch goals, you come up with $150,000 for 440 rolls of toilet paper, or $340 a roll. That's a price that would make even defense contractors blush. The only way the numbers would add up is if they were in Yen or the rolls were gold plated.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    10. Re: Americans by BlueStrat · · Score: 2

      Nice logic. When you are in a courtroom and put your hand on the bible to verify what you say is true, does that mean you read the whole bible?

      If everyone is expected to have read and understood every single law on the books ('ignorance of the law is no excuse' even though after spending millions of $ on research they can't even say *how many* Federal laws there are [never mind local laws]) why would an exception be made here?

      Strat

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
    11. Re:Americans by Anonymous Coward · · Score: 0

      In 2013, 38% of the House and 57% of the Senate held law degrees. These folks have read the Constitution. They simply don't care about it. -PCP

  6. No, why? Let them go nuts by fustakrakich · · Score: 2, Insightful

    This will help keep us on our toes and build better defenses against them.. The war is already on, and no stupid law is going to stop them anyway, so let's keep it out in the open and guard against complacency on our part.

    --
    “He’s not deformed, he’s just drunk!”
    1. Re:No, why? Let them go nuts by BitterOak · · Score: 1

      This will help keep us on our toes and build better defenses against them.

      It's rather hard to defend your computer against the government when they have the law on their side. The government can enlist (compel) the help of Microsoft, Apple, Google, or whoever writes your OS to assist them in hacking your system. It may be relatively easy to defend your computer from your average script kiddie, but it's quite a lot harder to defend it from the company that sold you your operating system and continues to push updates for it!

      --
      If I can be modded down for being a troll, can I be modded up for being an orc, or a balrog?
    2. Re:No, why? Let them go nuts by fustakrakich · · Score: 1

      As far as the law is concerned, play it their way, *don't get caught* is all you need to know. Protect yourself by any means available. Luckily there's still Linux. Ultimately the government will end up outlawing general purpose computers to prevent the use of any unauthorized systems, and we'll be left hoping that we can print our own 3D electronics some day. The cat and mouse arms race will never end, until the ruling sociopaths just start exterminating any and all opposition, and the survivors will become caged medical experiments. The future does not look very rosy.

      --
      “He’s not deformed, he’s just drunk!”
    3. Re:No, why? Let them go nuts by AHuxley · · Score: 1

      People will just build up totally fake online fiction and have computer files that fully supports that discovered reality.
      Expensive contractor, mil, federal or state malware injected down into a users networked computer will just feed back more of was expected to be found from daily ISP logs.
      Buy books with a credit card, use Google, Microsoft and Apple to search with, make gov/mil tracking as easy as possible from that fully exposed networked computer.

      --
      Domestic spying is now "Benign Information Gathering"
  7. The actual bill... by BringsApples · · Score: 3, Informative
    Found here.

    This bill rejects an amendment to rule 41 (Search and Seizure) of the Federal Rules of Criminal Procedure adopted by the U.S. Supreme Court and transmitted to Congress for review on April 28, 2016. (The amendment allows a federal magistrate judge to issue a warrant to use remote access to search computers and seize electronically stored information located inside or outside that judge's district in specific circumstances.)

    --
    Politics; n. : A religion whereby man is god.
    1. Re:The actual bill... by Anonymous Coward · · Score: 0

      Found here.

      This bill rejects an amendment to rule 41 (Search and Seizure) of the Federal Rules of Criminal Procedure adopted by the U.S. Supreme Court and transmitted to Congress for review on April 28, 2016. (The amendment allows a federal magistrate judge to issue a warrant to use remote access to search computers and seize electronically stored information located inside or outside that judge's district in specific circumstances.)

      And do you know what those "specific circumstances" are?

      If "(A) the district where the media or information is located has been concealed through technical means;"

      Shocking! Terrible! Life-threatening! A magistrate can issue a warrant against a computer that HE DOESN'T KNOW THE LOCATION OF!
      That is totally the same as hacking without a warrant, or unlimited spying. /sarc

      Here's the current Federal Rules of Criminal Procedure Rule 41, and here is the proposed revised version.

  8. In usual fashion, wrong. by Anonymous Coward · · Score: 0

    The rule 41 change does NOT allow for "hacking an unlimited number of computers", nor does it allow for hacking of American's computers without a warrant.

    The rule change says that IF a target computer is concealing itself through some technical means, like a VPN or TOR, which would prevent the government from going to the magistrate local to the district the computer is physically located in, THEN the government can go to a different magistrate to get a warrant.
    A warrant is still required. In addition, once the computer's physical location is discovered, the government must go to the local magistrate for any additional warrants.

    This is not a violation of the Constitution, or a great expansion of hacking powers, or the death of the Internet, or any of the other absurd lies that opponents have been throwing out there. This is a paperwork change. So stop panicking, stop spreading lies, and actually address the issue.

    1. Re: In usual fashion, wrong. by Anonymous Coward · · Score: 0

      I find it cute that you have so much trust in establishment. See you on the other side amigo.

    2. Re: In usual fashion, wrong. by Anonymous Coward · · Score: 0

      I find it cute that you have so much trust in establishment. See you on the other side amigo.

      What trust?
      If you are claiming that they'll use this to hack without warrants, then guess what? They can do that RIGHT NOW, so making a rule change does nothing.

      I don't know what your paranoid delusion is, but your irrelevant ad hominem attack doesn't make you sound witty or sophisticated, it makes you sound like an idiot.

    3. Re:In usual fashion, wrong. by BlueStrat · · Score: 1

      The rule change says that IF a target computer is concealing itself through some technical means, like a VPN or TOR,...

      Or NAT like most consumer routers employ? Who defines the terms? When are they defined, if they are defined...before civil rights are violated or belatedly (if at all) years later after a lengthy string of legal battles to nail down the meanings?

      The other question this brings up is of "juris-my-diction" (Matrix). A court/judge either has full jurisdiction in a location/area or he does not. If a court/judge has a limitless jurisdiction over the internet in this case, that means courts/judges have limitless jurisdiction regarding the internet in all matters before them.

      This is not a good thing. There are reasons why judges/courts were set up with limited jurisdictions, and it was not purely or even majorly a matter of slow transportation and communication at that time period.

      Strat

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
    4. Re:In usual fashion, wrong. by Anonymous Coward · · Score: 0

      If it's a NAT, then they can identify the device providing the NAT, which will be at the same location as to home user's computers. That means the magistrate at the location of the NAT will be same magistrate at the location of the home computer - so getting the warrant from the NAT device's district IS the correct action.

      As for jurisdiction, this only applies to the United States, obviously. If the target computer turns out to be overseas, then to pursue the case any further requires going through the standard international criminal proceedings. This also only applies to Federal cases, so it isn't as if a local police office in Bumphf, WV can get a warrant to hack the computer of someone in Bigcity, CA. The federal courts already have national jurisdiction, it's just a matter of which court would normally handle things.
      The main reason the federal courts are set up into districts is to handle the caseload, not to limit authority. Congress can remake the districts at any time without restriction, and it isn't a Constitutional issue.

  9. I'm from the Government and am here to help. by fahrbot-bot · · Score: 1

    ... Sen. John Cornyn (R-Texas) objected, saying that the change to Rule 41 was a simple one that would help law enforcement agencies ...

    Sage thinking from another waste-of-space in Congress. To hell if it's right or wrong if it helps the police -- do whatever they want to do.

    --
    It must have been something you assimilated. . . .
  10. Re:Cornyn, Straw Man of the Senate (apologies to O by fustakrakich · · Score: 1

    Do not confuse corrupt with "brainless". He most certainly is not brainless. The people that vote for him on the other hand.... No, correction, they are just as corrupt, voting for someone that *brings home the bacon*. Why do you think people like Feinstein, Hatch, Wasserman Schultz, in fact democrats and republicans in general, always win? Everybody wants a piece of the pie, and the results you see should be expected.

    --
    “He’s not deformed, he’s just drunk!”
  11. Sen. John Cornyn (R-Texas) by Anonymous Coward · · Score: 0

    Sounds like a traitor to me. Didn't he take an oath to protect the constitution?

  12. Re:Cornyn, Straw Man of the Senate (apologies to O by dgatwood · · Score: 2

    For example, months ago Cornyn proposed a bill that would ban persons on the no-fly list from purchasing firearms. His incredibly naieve and idiotic characterisation of his bill was that it would stop terrorists from buying guns. As if all we needed to do was tell them to quit buying! And there was no consideration of the fact that the no-fly list is riddled with innocents who have no way to investigate or change their status on the no-fly list. Cornyn seemed blithely unaware of the constitutional questionability of the bill. Luckily it was discarded by more intelligent men and women.

    No, not "luckily". Technically, one possibility would have been than the bill would be declared unconstitutional, but a more likely result would have been:

    • Forcing the government to make your no-fly status accessible to the general public (particularly if they also closed the gun show loophole).
    • Pitting the entire gun lobby and the second amendment against the no-fly list, which would have very quickly forced the government to create a formal appeals system (either by SCOTUS decree or mass threats to elect libertarians instead of Republicans next round).

    IMO, the best thing you can do to change a bad law is to make it suddenly affect NRA members. That's the surest way to scare your congresscritters into fixing it.

    --

    Check out my sci-fi/humor trilogy at PatriotsBooks.

  13. Re:Cornyn, Straw Man of the Senate (apologies to O by dgatwood · · Score: 1

    People like Feinstein win because the Republicans run ultra-right wing-nuts against them. You can't run somebody like Emken on an anti-gay-rights platform in California. You'd be more likely to win by running a Boxer (the dog, not the Senator).

    All the Republicans have to do to win California is run a socially liberal candidate—someone with a strong position on equal rights, but fiscally conservative. I know that would technically border on a libertarian candidate in a lot of ways, which is why they don't want to do it, but if they ran that sort of moderate Republican against Boxer or Feinstein, they would have at least a decent chance of winning—particularly if they did it in an off-season election (non-presidential) when fewer Democrats vote.

    The fact that the Republicans keep trying and failing to push a radical right-wing social agenda in California tells me unequivocally that either Republican leadership in California is grossly incompetent or they don't actually want to win in California.

    --

    Check out my sci-fi/humor trilogy at PatriotsBooks.

  14. What Could Possibly Go Wrong by Anonymous Coward · · Score: 0

    ... is a question that moral legislators often ask themselves.

    1. Re:What Could Possibly Go Wrong by AHuxley · · Score: 1

      Security researchers globally start to really notice the per user malware govs and mil push down?
      Gov and mil malware staging servers get blogged about by security researchers in real time as malware when more ever users get tasked at a state and federal level?
      Users start to upload checksums about every aspect of changes to their OS, outgoing software firewalls get ever more lower into the consumer OS.
      Can a NSL can stop international brands offering real, good quality security software to US users? The US brand can be "asked" for a gov backdoor or get whitelisted.. Long term international reputations will be built on finding malware not been decades too late and full of US gov requested backdoors/trapdoors/junk encryption.
      Fooling a junk standard US consumer OS that the gov malware is OS safe, user installed and OS signed will no longer be the enough.
      Over time contractor created, well hidden signed code deep in a junk consumer OS sending back data to a gov or mil will get more noticed even down at the per user level.
      Its a race to keep big US brands gov back door friendly and that gov malware OS signed vs seeing the gov collected data flow out.

      --
      Domestic spying is now "Benign Information Gathering"
  15. Re:Cornyn, Straw Man of the Senate (apologies to O by fustakrakich · · Score: 1

    they don't actually want to win in California.

    They don't need to. The windfall from quid pro quo with the democrats is perfectly sufficient. Whatever "opposition" they put up is show business to make it look a little less obvious.

    --
    “He’s not deformed, he’s just drunk!”
  16. Re:Cornyn, Straw Man of the Senate (apologies to O by Anonymous Coward · · Score: 0

    Do not confuse corrupt with "brainless". He most certainly is not brainless.

    This.

    âoeThese arenâ(TM)t substantive changes. The government must still go before a judge and make the requisite showing in order to get a search warrant,â Cornyn said. âoeI canâ(TM)t imagine circumstances where weâ(TM)d say the Fourth Amendment is trumped by the right to privacy. We canâ(TM)t let that happen and thatâ(TM)s why these changes are so important.â

    Plain language reading of Fourth: It exists to empower a judge to protect the citizen against a would-be King George's desire to search and seize everything he can get its hands on.
    Conryn's understanding of the Fourth: It exists to empower the govenrment to conduct (lawful) search and seizure, and since he gets to define "lawful", us citizens ought not to expect our silly little notions of privacy to get in his way.

    There's no way Conryn's misreading of the Fourth is accidental. It's not stupid; it's intentional.

  17. Re:Cornyn, Straw Man of the Senate (apologies to O by Anonymous Coward · · Score: 0

    ... the no-fly list is riddled with innocents ...

    I remember one of the senators claiming the proposed law (no NEW guns for no-fly list 'terrorists') would "honour the no-fly list". It's a government held list, allowed by government secret law, under government care and ad-hoc administration: Of course, the no-fly list is honourable! Some of these politicians have serious delusions of grandeur.

    The failed bill got some attention lately because the Orlando nightclub shooter was briefly on the no-fly list. Since he was removed from the list, this law would have changed nothing. The Democrat party wants to bring in gun control laws, most of them sensible and well-liked. The party also acknowledges the mental-health crisis but doesn't appear to have any policies on it. Once again, congress is ignoring the fact that they cannot take take guns off anybody and as long as that is true, gun safety will never exist. Which in turn, makes gun control laws of limited use.

  18. Australia by Anonymous Coward · · Score: 0

    ... allow judges to authorize remote access to an unlimited number of computers ...

    Didn't Australia pass that law, last year?

  19. Act of War by Anonymous Coward · · Score: 1

    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.

    Don't these idiots realize that attacking computers in foreign countries could be considered an act of war? The arrogant self-serving corruptness of the American justice system is truly frightening.

  20. I'm confused by Anonymous Coward · · Score: 1

    I don't get it, our government throws a fit whenever the Chinese, North Koreans, or Russians hack our computer systems. Now we want to do the same to them and think that because "we granted ourselves that power" will prevent repercussions? The sheer arrogance.