Tuesday, November 15, 2016

Rule 41 change probably won’t get congressional action

UPHILL CLIMB ON RULE 41 — It’s increasingly unlikely that the House and Senate will take action to block a pending change to government hacking powers. The proposed alteration to Rule 41 of the Federal Rules of Criminal Procedure would let judges grant electronic search warrants for devices whose locations aren't known, and permit them to authorize remote searches of devices not in their jurisdiction. Congress has until Dec. 1 to halt the Rule 41 amendment, which critics fear could vastly expand government surveillance authority but proponents say is a mere technical necessity in today’s digital age. Sens. Ron Wyden and Rand Paul have sponsored legislation to block the update.

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