Okay, without sounding like a conspiracy nut I admit that I am one who already believes that most of what we do on our computers is being watched by someone (or multiple someone’s: Apple, Microsoft, the NSA in a bunker in the middle of Colorado).
However, a revision to Rule 41 of the Federal Court Rules is certainly going to make it easier. First, the rule allows the government to forum shop for a single judge to issue “cyber” warrants across multiple jurisdictions. So a government friendly judge in Arkansas can issue a warrant for a group of undefined computers in Arkansas and New York. I will let the linked article explain more cogently than I why that is bad but suffice it to say it limits oversight of the government and erodes our fourth-amendment rights protecting us from unreasonable search and seizure.
This also means that with one warrant the government can hack many computers. Presumably, if they find evidence leading them to another “connected” computer there is no need to get another warrant. Put this into perspective. The government gets a warrant to search Baruch College computers. You have a personal computer and you log onto the Baruch network while you are waiting for class. You are now a connected computer and subject to search on an unrelated search for information. Your personal privacy has been eroded and you would not even know or in some cases may not even get notice of the fact that the government was snooping on your computer.
What of public networks like NYC net, the public internet that you can log into on the streets of Manhattan. Because it’s a government network do we even have a right to privacy of our personal devices?
This rule change was approved by the Supreme Court and I am flabbergasted that it was allowed. The implications of allowing unfettered search and seizure and the erosion of our fourth-amendment rights and protections is unfathomable.
See the articles here:
