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.”