Re: [tor-talk] Supreme Court Gives FBI More Hacking Power

[Allen <allenpmd@xxxxxxxxx>]

I read the order you cited, and I see no rule that says what you claim.
What I do see is a rather modest addition to the Federal Rules of Criminal
Procedure, Rule 41, which gives any magistrate jurisdiction to issue a
warrant in cases where law enforcement is unable to determine where a crime
is being committed due to the use of technological measures such as Tor.
In other words, under prior practice, if a crime was being committed but it
was not clear where it was being committed due to the use of technology
such as Tor, it was not clear which court district would have jurisdiction
to issue a search warrant.  Under the new rules, this situation no longer
falls "through the cracks" because a magistrate in any district can issue a
warrant without regard to jurisdictional limits of the districts.  Simply
using Tor does not subject someone to a warrant; there still has to be
probable cause that a crime is being committed.


On Thu, Apr 28, 2016 at 9:31 PM, krishna e bera <keb@xxxxxxxxxxxxxx> wrote:

> (quote from article [0])
> The rule change, sent[1] in a letter to Congress on Thursday, would
> allow a magistrate judge to issue a warrant to search or seize an
> electronic device if the target is using anonymity software like Tor.
> Over a million people use Tor to browse popular websites like Facebook
> every month for perfectly legitimate reasons, in addition to criminals
> who use it to hide their locations.
>
> The changes, which would allow the FBI go hunting for anyone browsing
> the Internet anonymously in the U.S. with a single warrant, are already
> raising concerns among privacy advocates who have been closely following
> the issue.
> (endquote)
>
> [0]
>
> https://theintercept.com/2016/04/28/supreme-court-gives-fbi-more-hacking-power/
>
> [1]http://www.supremecourt.gov/orders/courtorders/frcr16_8mad.pdf
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