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Old 10-13-2016, 09:53 AM
Location: Minneapolis
2,532 posts, read 2,693,549 times
Reputation: 4283


Under British colonial rule, it was common for judges to issue global search warrants. Global warrants effectively allowed the police/soldiers to use one single warrant to search wherever they wanted to, and as many locations as they wanted to. Abuse of global warrants is the very reason for the existence of The Fourth Amendment to The US Constitution.

When it comes to searches by the police, The Fourth Amendment is clear about what is and isn’t allowed. Rule 41 of The Federal Rules of Criminal Procedure limits the circumstances under which a search warrant may be issued. Among other things, it requires that the location to be searched be specifically referenced in the warrant, and that the warrant must be issued by a judge who has authority in the district which includes that search location.

The FBI and other police and governmental agencies have been lobbying for years for changes to Rule 41. The primary change they are seeking is one which would allow the issuance of global warrants for digital searches. This means that The FBI, for example, can receive a warrant from a judge anywhere in the country, and then use that one warrant to randomly hack a multitude of computers which are located anywhere in the world. Once they clandestinely gain entrance into the computer, they can install malware which instructs the computer to enact a search of the machine’s contents.

The claimed rationale being offered by The FBI is that advances in technology have allowed the likes of drug traffickers and child pornographers to operate under virtual anonymity, making it impossible for the FBI to determine their locations. Thus, the ability to hack into computers and search them remotely is necessary in order to identify and apprehend those individuals.

The FBI actually used a global warrant and malware in a 2015 sting of a child pornography web site. The resulting cases are currently being challenged on constitutional grounds in courtrooms across the country. Undoubtedly, the FBI assumed that a trial run of these unconstitutional techniques on individuals accused of accessing child porn would elicit very little public outcry. However, no one should be so naïve as to think that these investigatory procedures will be used primarily against individuals accused of illegal activity. History, along with the reality of an encroaching police-state mentality within both of the dominant political parties, makes it clear that these tactics will ultimately be directed at political dissidents, immigrants, and anyone else deemed to be a danger to the interests of the establishment elite.

Courts have long held that a computer which is located within your home is protected under The Fourth Amendment, and that it can only be accessed via a warrant which is properly issued for those premises. In spite of this, the Supreme Court has recently ruled that the requested changes to Rule 41 can proceed. These changes will go into effect automatically on December 1st of this year unless The US Congress acts to prevent those changes.

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Old 10-13-2016, 04:33 PM
2,489 posts, read 1,464,719 times
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excellent post!!...we need more of these topics discussed here........ instead of the never ending prattle over whether trump finger banged someone a decade ago or hrc is the devil
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