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FBI To Gain Expanded Hacking Powers as Senate Effort To Block Fails (reuters.com)

A last-ditch effort in the Senate to block or delay rule changes that would expand the U.S. government's hacking powers failed Wednesday, despite concerns the changes would jeopardize the privacy rights of innocent Americans and risk possible abuse by the incoming administration of President-elect Donald Trump. Reuters adds: Democratic Senator Ron Wyden attempted three times to delay the changes which, will take effect on Thursday and allow U.S. judges will be able to issue search warrants that give the FBI the authority to remotely access computers in any jurisdiction, potentially even overseas. His efforts were blocked by Senator John Cornyn of Texas, the Senate's second-ranking Republican. The changes will allow judges to issue warrants in cases when a suspect uses anonymizing technology to conceal the location of his or her computer or for an investigation into a network of hacked or infected computers, such as a botnet.

20 of 153 comments (clear)

  1. Ban Encryption by DickBreath · · Score: 4, Funny

    Can the government just ban encryption already?

    And do we really need HTTPS ?

    The FBI's hacking would be easier if all systems were required to have a special port with a telnetd root shell running, exclusively for the FBI's use, of course.

    --

    I'll see your senator, and I'll raise you two judges.
    1. Re:Ban Encryption by RhettLivingston · · Score: 5, Insightful

      I'd give you a +1 "funny", but, in the current environment, there are a large number of readers who are likely saying "exactly!"

      And that is how history repeats itself.

    2. Re:Ban Encryption by RhettLivingston · · Score: 2, Insightful

      And the sad thing is, I don't doubt it. Every time I post something on the internet today that speaks or even just jokes against the continuance of this fear-based drive to give more power to the establishment, I hesitate to press "submit". I have canceled more things than I've submitted for that exact reason.

    3. Re:Ban Encryption by Nostalgia4Infinity · · Score: 2

      If you are going to blame me for imagined transgressions that Trump may commit in the future may I blame you for the actual hits on freedom committed by the the Obama administration?

  2. Pay attention. by PopeRatzo · · Score: 5, Insightful

    Democratic Senator Ron Wyden attempted three times to delay the changes which, will take effect on Thursday and allow U.S. judges will be able to issue search warrants that give the FBI the authority to remotely access computers in any jurisdiction, potentially even overseas. His efforts were blocked by Senator John Cornyn of Texas,

    Bear this in mind: A Democrat tried to block the FBI from hacking any computer anywhere and a Republican tried to stop it.

    And yes, Democratic Senator Ron Wyden has been opposing this snooping since he entered the Senate in 1996, so no, it doesn't have anything to do with Donald Trump or President Obama.

    --
    You are welcome on my lawn.
    1. Re:Pay attention. by Anonymous Coward · · Score: 5, Insightful

      Bear this in mind. A Democrat did this with an incoming Republican President.

      NOT when it was an incoming Democrat President.

      But then I suppose Pope Ratzo has selective recall and forgets that Pelosi campaigned on repealing the Patriot Act in 2006 if they won the house, then in 2008 if they won the Presidency. Then EXTENDED the sunset provisions!

    2. Re:Pay attention. by RhettLivingston · · Score: 2

      Rest easy, it is not an order to hack systems, only an allowance to do so when absolutely necessary. Under Trump's watch, capabilities like this will only be used with "people that have to be tracked". These are neither the laws you should be afraid of or the droids you're looking for.

    3. Re:Pay attention. by PopeRatzo · · Score: 2

      Bear this in mind. A Democrat did this with an incoming Republican President.

      NOT when it was an incoming Democrat President.

      Yes, Senator Wyden did it when Barack Obama was president-elect, too.

      --
      You are welcome on my lawn.
    4. Re:Pay attention. by robinsonne · · Score: 2

      Senator Wyden has been against government snooping from the beginning of him being in office. He's one of the few politicians with any scruples at all IMHO.

    5. Re:Pay attention. by DickBreath · · Score: 4, Interesting

      This allows the government to hack AN UNLIMITED NUMBER OF COMPUTERS if they have a rubber stampped warrant from a judge who has no understanding of what they are signing.

      But hey, if the government says they need something, then they should probably get it.

      And there is this . . .

      Meesa thinks a weesa should give the chancellor emergency powers. -- Jar Jar Binks

      --

      I'll see your senator, and I'll raise you two judges.
    6. Re:Pay attention. by harrkev · · Score: 2, Interesting

      This allows the government to hack AN UNLIMITED NUMBER OF COMPUTERS if they have a rubber stampped warrant from a judge who has no understanding of what they are signing.

      I would assume that a judge would have some common sense. A warrant might say "All computers own by XXX person" or "all computers at XXX location." I doubt that a judge will sign a warrant for "all computers in Utah."

      What is the alternative? "Whoops, we got a warrant to search five computers, but all of the illegal stuff is on computer #6, so we have to let this criminal go?"

      Judges had to go through law school -- they are generally not stupid. I bet that most of them even own a computer or two.

      --
      "-1 Troll" is the apparently the same as "-1 I disagree with you."
    7. Re:Pay attention. by networkBoy · · Score: 2

      you would be (profoundly) sadly surprised at the level of naivety most of the judicial has about computers beyond using them for office related apps.

      --
      whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
  3. msmash/manish by 110010001000 · · Score: 3, Interesting

    Who is msmash/manish? He/she seems to have an agenda?

  4. Take Note by Fire_Wraith · · Score: 3, Insightful

    Take note of who voted for, and against, this.

    I haven't seen a posting yet of the entire list, but in addition to the two named in the summary, Chris Coons (D-Delaware) and Steve Maines (R-Montana) are also noted in TFA as voicing opposition.

    1. Re:Take Note by phantomfive · · Score: 2

      Last time I saw an analysis of support for surveillance etc in congress, it was interestingly not divided along party lines. Roughly equal parts D and R opposed and supported it.
      Rather, congress was divided by how much time they've spent in office. The newer ones tended to oppose it, and the older ones tended to support it. Note that the American public as a whole seems to favor it, so any campaign to change this should be aimed primarily at the American public, not the senators. Also, i think the country is kind of tired of being outraged, so I don't think you can get them outraged again. But who knows.

      --
      "First they came for the slanderers and i said nothing."
  5. Just Grant My Damned Warrant by tomkost · · Score: 4, Insightful

    Yes, this is a big privacy blow. Probably the biggest in quite some time. Maybe the largest since the Patriot Act. And yes, there will be little outcry because most people don't even know or care what this means. But what will no doubt happen is the fed will shop around until they find the judge who grant them every warrant they want. Which they will no doubt find several if not more. This should be called, "Just Grant My Damned Warrant"

  6. IP Geolocation is not a science! by ramriot · · Score: 2

    Just thought I would point that out to any passing FBI operative who thinks that they can go interfering with remote devices without considering international borders.

    You may just find yourself falling foul of international treaties initiated by your own government that class this sort of action as cyber-warfare. I just hope the government above the target of your hack is understanding and decides not to retaliate with physical force to your electronic attack.

    I for one would find it an interesting exercise in jurisprudence for the FBI to be indicted in a foreign court for cyberwarfare.

  7. Re:Democracy Cannot Happen With A Tilted Hand by rmckeethen · · Score: 2

    That's an awfully good question.

    My best guess -- there will be an extended period of whole-hog persecution of Democrats for, well, being Democrats, and Republicans will get a pass from the newly politicized FBI. Afterwards, I expect Republicans will dial it down a bit, lest it become too obvious that they're using law enforcement directly as political tool. If I were a Democrat, I'd plan for two years of sitting around with my thumb up my ass, because at this point I don't believe the Republicans will let Democrats stand in the way of any of the massive number of changes Republicans want to implement A.S.A.P.

    However, given the hyper-partisan environment we're in now, I wouldn't want to lay money on which way things will ultimately go. It could be that Republicans find they actually like jailing political opponents, and that authoritarian rule by a single party is just what the doctor ordered. In that case, Americans can likely kiss democracy goodbye. I suspect many Americans, both Republicans and Democrats, would be happy to chuck democracy in the shitter right now, provided of course that their party is the one that retains power afterwards.

  8. Re:Did you say "current environment"? by Jason+Levine · · Score: 2

    And while I like a lot of what Obama has done, I disagree with him strongly on expanding the powers of the NSA/FBI instead of adding better checks on them. Of course, he's not solely to blame - there are a lot of people in Congress that deserve a good share of blame - but the buck does stop in the Oval Office as far as that's concerned. (Now if he vetoed it and Congress overrode his veto, I'd say his hands would be clean, but obviously that didn't happen.)

    --
    My sci-fi novel, Ghost Thief, is now available from Amazon.com.
  9. Down ballot elections by Okian+Warrior · · Score: 2

    Bear this in mind: A Democrat tried to block the FBI from hacking any computer anywhere and a Republican tried to stop it.

    And yes, Democratic Senator Ron Wyden has been opposing this snooping since he entered the Senate in 1996, so no, it doesn't have anything to do with Donald Trump or President Obama.

    Yep.

    Taking $60 million from down-ballot campaigns and giving it to the Clinton campaign so she could defeat Bernie Sanders doesn't seem like such a good move now, does it?