Rule 41 would make it easier for the government to carry out hacks

(credit: Ivan David Gomez Aarce)

Privacy activists and at least one senator are up in arms over a proposed change to a section of the Federal Rule of Criminal Procedure that would allow any magistrate judge to issue warrants authorizing government-sanctioned hacking anywhere in the country.

If the proposal does go forward, it would mark a notable expansion of judicial power to sign off on "remote access" of criminal suspects’ computers. As Ars has reported previously, for more than two years now, the Department of Justice has pushed to change Rule 41 in the name of being able to thwart online criminal behavior enabled by tools like Tor.

On Thursday, the Supreme Court passed the proposed change to Rule 41 and sent it to Congress on Thursday, which will have until December 1 to modify, reject, or defer the proposal. If the House of Representatives and Senate do not pass a resolution in favor by simple majority, the revisions will become law that same day.

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