
EFF Urges Citizens to Fight Changes Expanding Gov Powers to Break into Computers - DiabloD3
https://www.eff.org/press/releases/eff-urges-citizens-websites-fight-rule-changes-expanding-government-powers-break
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tzs
For those curious, here is a summary of Rule 41 as it presently stands,
followed by the proposed new section:

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Rule 41 (b) At the request of a federal law enforcement officer or an attorney
for the government:

    
    
        (1) a magistrate judge in a district can issue a
        warrant to search or seize a person or property in
        that district.
    
        (2) a magistrate judge can do so for a person or
        property outside the district if the person or
        property is located within the district when the
        warrant is issued but might be outside the district
        when the warrant is executed.
    
        (3) If the investigation is for domestic terrorism
        or international terrorism, a magistrate from any
        district in which activities related to the
        terrorism may have occurred can issue warrants for
        persons or property within or outside the district.
    
        (4) a magistrate judge can issue a warrant to
        install a tracking device in the district, and the
        warrant can authorize tracking within or outside the
        district or both.
    
        (5) a magistrate judge in any district where
        activities related to a crime has occurred can issue
        a warrant for property outside of any state or
        district if the property is within
    
            (A) a US territory, possession, or commonwealth,
    
            (B) a US diplomatic or consular mission in a foreign
            state or any building or land used for the mission's
            purpose, or
    
            (C) a residence or land owned or leased by the
            United States and used by US personnel assigned to a
            US diplomatic or consular mission in a foreign
            state.
    
    

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(You can read the complete rule
[here]([https://www.law.cornell.edu/rules/frcrmp/rule_41)](https://www.law.cornell.edu/rules/frcrmp/rule_41\))).

The proposed change adds a sixth section under 41(b):

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        (6) a magistrate judge with authority in any
        district where activities related to a crime may
        have occurred has authority to issue a warrant to
        use remote access to search electronic storage media
        and to seize or copy electronically stored
        information located within or outside that district
        if:
    
            (A) the district where the media or information is
            located has been concealed through technological
            means; or
    
            (B) in an investigation of a violation of 18 U.S.C.
            § 1030(a)(5), the media are protected computers
            that have been damaged without authorization and are
            located in five or more districts.
    
    

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(The source for that, straight from the Supreme Court's site, is
[here]([http://www.supremecourt.gov/orders/courtorders/frcr16_mj80.p...](http://www.supremecourt.gov/orders/courtorders/frcr16_mj80.pdf\))).

