Grant Gross
Senior Writer

Senators will introduce a bill to limit government hacking warrants

news
May 13, 20162 mins

The legislation would block a rule change letting judges issue remote hacking warrants

US Capitol
Credit: Bill Koplitz/FEMA

A U.S. senator will introduce legislation to roll back new court rules that allow judges to give law enforcement agencies the authority to remotely hack computers.

Senator Ron Wyden, an Oregon Democrat, will introduce a bill that would reverse a court procedure rules change, approved by the U.S. Supreme Court last month, that would allow lower judges to issue remote hacking warrants.

The rules change, requested by the Department of Justice, expands the geographical reach of police hacking powers beyond local court jurisdictions now allowed through court-ordered warrants. Previously, the Federal Rules of Criminal Procedure prohibited a federal judge from issuing a search warrant outside his or her district.

The changes go into effect on Dec. 1 unless Congress moves to reverse them.

Several digital rights and civil liberties groups, along with some tech companies, have opposed the changes. The new rule “creates new avenues for government hacking that were never approved by Congress,” the Electronic Frontier Foundation said in a blog post in April. 

The new rule, allowing warrants targeting data “concealed through technological means,” would give police permission to target users of VPNs or the Tor anonymous browser, the EFF said. “If this rule change is not stopped, anyone who is using any technological means to safeguard their location privacy could find themselves suddenly in the jurisdiction of a prosecutor-friendly or technically-naïve judge, anywhere in the country,” the group added.

Senator Rand Paul, a Kentucky Republican, will sign on as a co-sponsor of the legislation, scheduled to be introduced next week, said a spokeswoman for Wyden. The proposal has generated bipartisan interest in both the Senate and the House of Representatives, she said.

The bill may be difficult to pass in a national election year, when controversial legislation usually stalls. But Wyden “certainly is going to put this at the top of the priority list,” his spokeswoman said.

Grant Gross

Grant Gross, a senior writer at CIO, is a long-time IT journalist who has focused on AI, enterprise technology, and tech policy. He previously served as Washington, D.C., correspondent and later senior editor at IDG News Service. Earlier in his career, he was managing editor at Linux.com and news editor at tech careers site Techies.com. As a tech policy expert, he has appeared on C-SPAN and the giant NTN24 Spanish-language cable news network. In the distant past, he worked as a reporter and editor at newspapers in Minnesota and the Dakotas. A finalist for Best Range of Work by a Single Author for both the Eddie Awards and the Neal Awards, Grant was recently recognized with an ASBPE Regional Silver award for his article “Agentic AI: Decisive, operational AI arrives in business.”

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