Sunday, December 4, 2016
New Amendments to Rule 41 Gives Law Enforcement Carte Blanche to Search Your Computer
A set of new amendments to rule 41, approved by the Supreme Court and passed through congress, allows magistrate judges in any jurisdiction to issue warrants to remotely search computers that are outside of their jurisdiction.
“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.”
Here again, we have another instance where the principle has been sacrificed for the sake of expediency. Any statute, executive order, or ruling has not only an immediate effect, but several distant, and usually unanticipated effects. It is the habit of short sighted men to only think of the immediate and desirable effects of their policies without regard to the past failures of similar policies. Every new statute, executive order, or ruling carries political momentum that sets into motion future laws of a similar nature; those which loosen restraints on governmental power tend to impel future laws in the same direction: towards relaxing more restraints on governmental power. Laws which restrict citizens' equal freedom tend to spawn more laws that restrict equal freedom until their natural rights are completely eroded away. The 45 year old monstrosity known as the war on drugs has spawned civil asset forfeiture, anti-structuring laws, and ever increasing loopholes for warrantless searches of private property. The 15 year old monstrosity known as the war on terror has opened a pandora's box of new police powers only a fraction of which I have documented and repudiated on this site. The only remedy to an expanding police state and the erosion of natural rights is to remain firm in ethical and constitutional principles without giving an inch to these careerists. If you give them an inch and they'll take a mile.