Starting Today, Feds Can Hack Millions Of Devices With One Warrant

Tyler Durden's picture

Submitted by Shaun Bradley via TheAntiMedia.org,

On Thursday, December 1, a vital Supreme Court order is set to go into effect that dramatically expands the surveillance power of federal agents. The impending alteration to Rule 41 of the Federal Rules of Criminal Procedure softens the legal requirements for obtaining search and seizure warrants that grant the government remote access to individual’s computers and phones.

In the past, law enforcement was required to obtain a warrant from a judge within the jurisdiction where the proposed search was going take place. Under this new system, however, if an individual is using technology to conceal their location, the warrant is considered valid regardless of jurisdiction. A single authorization will have the potential to validate millions of searches on private devices. Any journalist, activist, or whistleblower who values privacy and uses tools like Freenet or the Tor network will fall directly into the crosshairs.

As USA Today summarized, the rule change was “sought by the Justice Department, adopted by the U.S. Federal Courts, and approved on April 28 by the Supreme Court without much fanfare.

These changes have been on the fast track since the FBI had evidence thrown out in a recent child pornography case. The defendant was using the Tor network to conceal his IP address and operating a child pornography site known as Playpen. The Department of Justice and FBI refused to disclose the legal process used to gain access to the evidence, likely because they did not follow proper legal protocols. As a result, at least some of their evidence was rejected by the court.

The controversy was compounded by the FBI’s use of Playpen’s servers to set up a massive sting, known as Operation Pacifier. The pedophilic porn site was run directly by federal agents for over two weeks in an attempt to round up any individuals using the network.These same agencies are now claiming that without changes to the current rule, their ability to put the scum of society behind bars is severely restricted.

The dark web has been subverting the controllable marketplace for years, but through the eyes of the government, anything outside of their dominance is equivalent to insurrection. Without a doubt, anonymity online creates a double-edged sword of freedom versus lawlessness, so it’s no surprise significant action has been taken to crack down on this space under the guise of national security and public safety.

In this vein, the modification of Rule 41 has been framed as crucial in preventing crime even though implementing it grants sweeping authority to the State.

Typically, any changes that carry these broad implications are openly debated in Congress, but by classifying the move as a simple procedural change, the discussion was instead held by the small U.S. Courts Advisory Committee on the Federal Rules of Criminal Procedure following the Department of Justice’s request to modify the rule. The alteration was approved by the Supreme Court. The lack of publicity received for something so fundamental shows there has been a deliberate effort to conceal the consequences of this scheme.

The Electronic Frontier Foundation has been an outspoken advocate for maintaining the current protections. The organization has voiced its concerns about the new rule:

“The Federal Rules of Criminal Procedure set the ground rules for federal criminal prosecutions. The rules cover everything from correcting clerical errors in a judgment to which holidays a court will be closed on—all the day-to-day procedural details that come with running a judicial system. The key word here is ‘procedural.’  By law, the rules and proposals are supposed to be procedural and must not change substantive rights. But the amendment to Rule 41 isn’t procedural at all. It creates new avenues for government hacking that were never approved by Congress.”

The media has done an excellent job of demonizing the dark web and the anonymous networks that inhabit it. By focusing on stories like the Silk Road and its founder Ross Ulbricht (among others who use anonymous systems to conceal state-designated criminal activity), the media has convinced the public that anonymity and criminality are one and the same. The federal government has long held this belief; during a crackdown in 2014, the FBI targeted more than 400 Tor addresses in an attempt to identify the actual locations of anonymous servers.

Maintaining complete privacy doesn’t matter to those whose biggest worry is having their porn history made public. But it’s the underground railroad for renegades working against the establishment. Journalists who are communicating with sources or establishing an outlet for whistleblowers need a layer of protection that can encourage others to feel safe coming forward. As activism and social media continue to merge, it’s essential that the leadership of dissenting movements can coordinate action without having to worry about infiltration.

There have been multiple bipartisan actions to curtail this erosion of privacy, namely through the Stopping Mass Hacking Act and the Review the Rule Act. Well-known lawmakers who value individual liberty, like Thomas Massie and Rand Paul, have come out in full support of these counter-efforts. Twenty-three members of Congress also sent a letter to Attorney General Loretta Lynch to express concerns and ask for more information.

Senator Ron Wyden, a member of the Senate’s Intelligence Committee, is a sponsor of the Stopping Mass Hacking Act. In a last ditch effort, he called on Congress to take action in an attempt to block the rule change. Unfortunately, the motion was voted down on Wednesday morning.

“If Congress doesn’t stop these changes, a single judge will be able to grant a warrant to hack a million (or more) computers and other devices. By hacking the devices of victims of a botnet, the government will be treating victims the same way it treats attackers. We need to pass my Stopping Mass Hacking (SMH) Act right now.”

Removing these kinds of limitations on power is what, over time, leads to the complete subjugation of a society. This takes a huge step towards further neutering the 4th Amendment of the Bill of Rights, making probable cause on an individual basis a thing of the past. The desire for privacy cannot be considered suspicious in a world where almost all personal information is a matter of public record.

This ruling can easily be rationalized when framed as an effort to stop child trafficking, but the unseen effects it will have on the future of journalism and activism must be seriously examined. Contacting legislators directly may seem futile, but making their lives difficult is one of the best ways to get their attention. If those of us who are passionate about preserving individual freedom become apathetic, there will be nobody left to hold back the constant progression of invasive statism.

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LA_Goldbug's picture

"dramatically expands the surveillance power of federal agents."
So, the Demo-Nazi system is in deep trouble and they need to monitor the insiders more rigorously. This crap is not directed at ZH commentators but at the Insiders who see a truer picture of The System.

X_in_Sweden's picture
X_in_Sweden (not verified) fukidontknow Dec 1, 2016 4:22 AM

....

...the NWO-American Empire is crumbling.

The Police State USA is desparate & instituting de facto Martial Law.

The imperial neo-feudal elite, as in Rome for soon 2,000 years ago did the same.

History repeats itself now....empires crumble more or less the same way.

Unfortunately, revolution is always a part of an empire's demise.

Be Prepared!

X_in_Sweden's picture
X_in_Sweden (not verified) X_in_Sweden Dec 1, 2016 5:28 AM

Don't forget,

Marcus Wolf, STASI's spymaster-Hauptverwaltung Aufklärung, was on retainer to Homeland Security.

"Markus Johannes "Mischa" Wolf (19 January 1923 – 9 November 2006) was head of the Main Directorate for Reconnaissance (Hauptverwaltung Aufklärung), the foreign intelligence division of East Germany's Ministry for State Security (MfS, commonly known as the Stasi). He was the MfS's number two for 34 years, which spanned most of the Cold War. Many intelligence experts[weasel words] regard him as one of the greatest spymasters of all time."

Yepp.

The DDR-East Germany's commie paid by Usa's intelligence services to improve the american police state in December 2004.

That's what known officially.

*Ex-Stasi "expert" consult with U.S. on homeland security*

"It was reported last December that former East German Secret Police (Staats Sicherheitsdienst, or Stasi) Director Markus Wolf was being considered for the top post at the U.S. Department of Homeland Security. The rumor caused such a stir that the Bush administration chose Third Circuit Court of Appeals Judge Michael Chertoff to replace outgoing Tom Ridge as Director of Homeland Security."

http://proliberty.com/observer/20050216.htm

 

READ Also:

*HOMELAND SECURITY- BLUEPRINT FOR TYRANNY*

"...Why would Homeland Security hire former Stasi chief Markus Wolfe and former head of the KGB General Yevgeni Primakov also known As Evgenii?..."

http://thechristianobserver.blogspot.se/2011/01/homeland-security-bluepr...

Ex-Stasi Spy Chief Markus Wolf Hired By Homeland Security?

 

+ plus,

 

Remember Michael Chertoff, ass. FBI Director on 9/11 , who released the *Dancing Israelis*?-!!!

"Michael Chertoff (born November 28, 1953) is an American attorney who was the second United States Secretary of Homeland Security under Presidents George W. Bush and (for one day) Barack Obama, and co-author of the USA PATRIOT Act. He previously served as a judge on the United States Court of Appeals for the Third Circuit, as a federal prosecutor, and as Assistant U.S. Attorney General. He succeeded Tom Ridge as United States Secretary of Homeland Security on February 15, 2005.

Since leaving government service, Chertoff has worked as senior of counsel at the Washington, D.C. law firm of Covington & Burling.[2] He also co-founded the Chertoff Group, a risk-management and security consulting company, which employs several senior officials not only from his time as Secretary of Homeland Security (like Hon. Paul A. Schneider, former deputy secretary of DHS), but also from the time of the Obama administration (like Mark Weatherford, former deputy under-secretary of DHS), as well as Michael Hayden, a former director of the National Security Agency and the Central Intelligence Agency.[3] Chertoff was also elected as Chairman of BAE Systems for a three-year term, beginning May 1, 2012....."

 

And let's not forget Joseph Isadore "Joe" Lieberman,

"Creation of Department of Homeland Security (DHS)

When control of the Senate switched from Republicans to Democrats in June 2001, Lieberman became Chairman of the Homeland Security and Governmental Affairs Committee, with oversight responsibilities for a broad range of government activities. He was also a member of the Environment and Public Works Committee and chair of its Subcommittee Clean Air, Wetlands and Private Property; the Armed Services Committee, where he chaired the Airland Subcommittee and sat on the Subcommittee on Emerging Threats and Capabilities; and the Small Business Committee. When Republicans gained control of the Senate in January 2003, Lieberman resumed his role as ranking minority member of the committees he had once chaired.[51]

In 2002, as Chairman of what was then known as the Senate Governmental Affairs Committee, Senator Lieberman led the fight to create a new Department of Homeland Security. One month after the terrorist attacks on September 11, 2001, he introduced legislation to reorganize the federal government to better protect the American people from terrorism and natural disasters and steered a bipartisan plan through his committee. After months of opposing the plan, the White House eventually endorsed the concept. Legislation that passed Congress in 2002 created a department incorporating key organizational elements Senator Lieberman advocated.[52]

In 2006, Senators Lieberman....".

 

((( Markus Wolf ))) + ((( Michael Chertoff ))) + (((Joe Liberman ))) .....are you connecting the dots yet........???

 

SOURCES:

https://duckduckgo.com/?q=marckus+wolf&t=ffab&ia=web

https://duckduckgo.com/?q=Michael+Chertoff&t=ffcm&ia=web

https://duckduckgo.com/?q=sen+joe+lieberman&t=ffcm&ia=web

X_in_Sweden's picture
X_in_Sweden (not verified) X_in_Sweden Dec 1, 2016 5:52 AM

ADDENDUM:

This just released 6 hours ago:

Jeff Resne & Preston James - Psychotronic Mind Control Technologies

Don't believe me about the all-incompassing-police state?

35 minutes of bondefide facts.

LISTEN & LEARN!

BennyBoy's picture

 

Our beloved NSA already records everything.

Merge them with the FBI, local police and dog catchers, and all will be well.

Trust them. They have never lied, faked evidence or murdered anyone who didn't have it coming.

fleur de lis's picture

Yes, our security friends are so very loyal to our Constitution and the American way.

Aren't they.

Lucky thing for us that they will use all that big fancy nosey-body equipment to track down all the Pizzagate party goers and break up all the uppity rings of degeneracy in DC and farther afield. 

That alone should keep them busy well into the 22nd century.

Then they will track down all the baddies who send weapons to the Middle East to support violent desert morons, who control the narcotics trade and human trafficking, who plan and pull off false flags to frighten us into doing their bidding, who keep feeding us lies over the CIAMSM because they are so enamored of Marxism, who blackmail each other to get weird laws passed against the will of the populace, and kill honest officials officials who won't play their vile games, etc., etc., etc.

I feel safer already.

Not.

 

 

Fizzy Head's picture

Why do us taxpayers need to fund our own demise? Plus, wikileaks is free without all the red tape and cost.

Also, whats the point of all this 'cyber security' if they only prossecute those they feel like? Hillary still isnt in prison.

 

This shit is getting beyond old..........

LA_Goldbug's picture

Well well well, now that makes better sense why they would like this guy to work for them. He had invaluable organizational information from long years of work in this environment,

The Lives of Others (2006)
http://www.imdb.com/title/tt0405094/

SubjectivObject's picture

Cornyn

Keep that fucking tool's name in mind as reference for the fucking statist tool that he is.

Proof you caint fix Texcess sized stoopit.

boattrash's picture

Hack away boys...I hope you catch my virus....

GreatUncle's picture

You know when you never had a democratic republic when it becomes a police state.

The democratic part prevents the police state by the objection of people.

Oleg the Man's picture
Oleg the Man (not verified) fukidontknow Dec 1, 2016 6:14 AM

Russia this and Russia that
watch this sh*t and stop this blyat` (i learned this from car crash compilations) 

Karl Marxist's picture

They warned us when we was kids. It's now come to pass. Get ready for gay and tranny parades and police at your door if you strongly object. God bless your very soul, Ted Gundersson.

LA_Goldbug's picture

When they start selling "Spirit Cooked Burgers" you will know we have reached Utopia.

fukidontknow's picture

MDB's crew of sick little perverts love Spirit Cooking

https://www.accredited-times.com/2016/11/26/hey-good-looking-whats-spiri...

The Accredited Times YYYClinton-PropagandYYY 

LA_Goldbug's picture

Amazing how freely they can operate today. Completely off the radar :-(

wildbad's picture

i just watched "True Detective" last night and was surprised / shocked to see the Symbols for paedophilia and man boy love shit drawn on the serial killer bodies. This came out long before (2014) the #pizzagate podesta exposures. This lends credibility to the accusations that the logos on the various businesses around "besta pizza" and the other nasty enterprises there.

NewHugh's picture

MDB realizes that he's a total laughingstock these days after his clever predictions are all turning out to be wrong.  He now trolls as fukidontknow and pretends to be an MDB hater.  Yet still posts links to his moronic accredited times website.  What an imbecile!

GreatUncle's picture

You got with the popularist program now?

Finally seen the light on all the deceit in this world?

If so welcome to the club - red pill hurts for a time.

erltoichi's picture

Seems this only affects the Feds ability to actually use this sort of evidence in court. They had the (technical) ability to find and identify anyone - even if he used Tor - before. There is talk that Tor is 'for regime change abroad, not for use in US' because US government can always crack it. The reason it has been rolled out to the public may be this:

“The United States government can’t simply run an anonymity system for everybody and then use it themselves only. Because then every time a connection came from it people would say, “Oh, it’s another CIA agent.” If those are the only people using the network.” —Roger Dingledine, co-founder of the Tor Network, 2004 (Src: https://pando.com/2014/07/16/tor-spooks/)

It thus hides the CIA's and other intelligence agencies activities very well.

LA_Goldbug's picture

Very well written explanation of what TOR is. Thanks :-)

I wonder if even EFF can be trusted :-(

wildbad's picture

for all of Tors' possible advantages in cloaking one's web footprint it is not infallible and the fact that it had Intelligence service funding involved in its development makes it very suspicious to me.

Dread Pirate Roberts used it successfully until he was arrested and thrown into a federal dungeon.

Your mileage may vary, until it doesn't

scoutshonor's picture

There will be a P.R. campaign by the feds to highlight the sordid side of the deep web--much like the shabby flacid cover story that illegal activity is the reason they want to ban large denomination currency.

But if you look at this another way the deep web would not exist if there was not some legitimate need for it to exist.  Given that any warrant served up to facebook is immediatly followed by data being handed over to the agency demanding it.  Same with the telecoms, online gaming sites, etc.

If there were not serious problems with how the government approaches data issues we would not have Snowden, Manning, or Assange.

 

The much larger issue is why people with an understanding of the issues have a strong preference for tor, advanced encryption, and air gapped computers.  You can be sure the gov. will not discuss the reasons for the existence of these things in the first place.

 

Thank goodness there are at least some members of congress such as Rand Paul that care--it's a shame they seem like lone voices in the wilderness.

 

On the bright side once they play with it awhile we can expect a report out of the intelligence agencies that the population of the U.S. has grown to 1.7 billion people--6 of them are me.

 

CatsPaw's picture

This will backfire so badly, the FBI will soon be called IBF.

Internal Bullshit Fund.

BritBob's picture

Interesting to note that Snowden revealed that the UK was keeping an eye on Argentina and her Malvinas aspirations. But what is the strength of Argentina's Falklands' claim?

 

https://www.academia.edu/17799157/Falklands_-_Some_Relevant_International_Law

Ah just a fairy tale then. By the standards of Argentina's claim based on inheritance from Spain Mexico could ask for Texas and Califirnia to be returned.

RadioFlyer's picture
RadioFlyer (not verified) Dec 1, 2016 6:13 AM

The fiction book Thieves Emporium

is true.

Catullus's picture

Constitutional rights? Eh. Procedural issue.

Wahooo's picture

What good has it done them so far? This country's a fucking mess, swirling turds in a toilet. Let them have my accounts and devices, I don't care. It will do them no good, because their system is weak and flawed in design and destined to fail.

innertrader's picture

That's what you say now, as long as nothing happens to YOU!  What are you going to say if the "boys" come knocking on your door tomorrow?  If the "boys" simply consider you a pain in the ass, they will most likely send the IRS to do a FRAUD INVESTIGATION; AS THEY HAVE BEEN DOING MANY CONSERVATIVE PEOPLE AND ORGANIZATIONS AROUND THE COUNTRY!  That would be either the minimum or the beginning!  Should this happen to YOU, then tell me it "doesn't matter."

GreatUncle's picture

Knew my gut feeling to dump Microsoft was best.

Last of the Middle Class's picture

Do you think they built the Intelligence Community Comprehensive National Cybersecurity Initiative Data Center to record DWS and the Kardashians?

Assume every keystroke is recorded before the key raises back up off the keyboard.

cowdiddly's picture

no worries, let them record away with their shit. I will just go bact to my native language and they won't have a clue what the so called "code talkers" are saying. Being as they never bothered to listen. Then, if they get used to that just switch to a different dialect and really screw their stuff up. You will only hear what I want you to hear, Got it?

Tokhi waniphika ni and

Hoka Hey bitchez

WillyGroper's picture

"likely because they did not follow proper legal protocols. As a result, at least some of their evidence was rejected by the court."

the lies never stop.  legal protocols my arse.

we all know full well they can/will construct anything.

this is the most pathetic attemp of trying to cover up pizza-pedogate all while snatching more liberty.

the ussa has got to be the sickest nation on earth barring one.

HuskerGirl's picture

Obviously the "Constitutional right to Privacy" only applies to abortion.  Obamacare mandates government access to the rest of your health care, now he's taken it away from the rest of our lives.  

 

But, because it's Obama, you won't hear a peep out of those who pretend to be the protectors of our freedoms.  

angry_dad's picture
angry_dad (not verified) Dec 1, 2016 9:08 AM

Lesson here;

only corporations have "rights"

dull witted gringos are now under constant surveillance

VWAndy's picture

 Hide your wealth well my friends.

Mr. Pain's picture

Amerika has resorted to what the Brits did in the 1700's. Blanket warrants. Next to go, magna carter.

ducksinarow's picture

When they go low, we go lower. There is and has always been a life outside internet. Modern people who were born from 1981 forward do not remember a time with out internet. But those of us who remember a time without TV do. What continues to make me scratch my head is why anyone would put their deepest darkest or even valuable secrets on a media that is designed to inform the world?  Yes. I love the convenience of going on line and hitting a couple of buttons to pay bills every month, but I know how to accomplish the task without internet. He who hacks my computer gets nothing much more than what I have said here and when it becomes dangerous to say this, I will stop. No problem. Let those who have something to worry about do that. By the way in my earlier life I attend FBI training on pornography on the internet and from their view point it is not about people who like to view other naked people, it is about people who torture other people most of them kids that is the issue. So if you are not into pornography you have no reason to be on their list. I will not speak for financial stuff because I still recognize a one dollar bill as being money.