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 Nullifying The 4th Amendment: FBI Seeks To Search Through Your Electronic Life

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Nullifying The 4th Amendment: FBI Seeks To Search Through Your Electronic Life Vide
PostSubject: Nullifying The 4th Amendment: FBI Seeks To Search Through Your Electronic Life   Nullifying The 4th Amendment: FBI Seeks To Search Through Your Electronic Life Icon_minitimeWed Jan 21, 2015 3:38 am
The investigative arm of the Department of Justice is attempting to short-circuit the legal checks of the Fourth Amendment by requesting a change in the Federal Rules of Criminal Procedure. These procedural rules dictate how law enforcement agencies must conduct criminal prosecutions, from investigation to trial. Any deviations from the rules can have serious consequences, including dismissal of a case. The specific rule the FBI is targeting outlines the terms for obtaining a search warrant.

Nullifying The 4th Amendment: FBI Seeks To Search Through Your Electronic Life 20150116_iphonehackdetail

It’s called Federal Rule 41(b), and the requested change would allow law enforcement to obtain a warrant to search electronic data without providing any specific details as long as the target computer location has been hidden through a technical tool like Tor or a virtual private network. It would also allow nonspecific search warrants where computers have been intentionally damaged (such as through botnets, but also through common malware and viruses) and are in five or more separate federal judicial districts. Furthermore, the provision would allow investigators to seize electronically stored information regardless of whether that information is stored inside or outside the court’s jurisdiction.

http://fee.org/freeman/detail/youll-never-guess-whos-trying-to-hack-your-iphone
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