Hacking the World, a discussion of changes to Rule 41

Rule 41 is a Federal Rule of Criminal Procedure that governs when judges may issue warrants. On December 1st, absent action from Congress, a change will go into effect that will dramatically expand the authority of the government to hack into computers. In short, the changes would allow law enforcement to apply for a warrant that allows agents to hack into any number of computers in any number of jurisdictions in certain circumstances.

What happens if FBI malware damages innocent people’s computers? Would this change increase forum shopping? Is such hacking even lawful? On September 28, 2016, our panel of experts discussed what’s going on and what they believe Congress should do about it.

The Fourth Amendment Caucus was created to defend the Fourth Amendment, which protects the privacy of people against unreasonable government searches and seizures. The Fourth Amendment Advisory Committee was founded to support the caucus’s goals by educating Congress, engaging the public, and convening discussions about how to protect Americans’ right to privacy.

PANELISTS INCLUDED:

• Nate Cardozo, Senior Staff Attorney, Electronic Frontier Foundation;
• Peter Goldberger, Attorney, co-chair of Rules of Procedure Committee, National Association of Criminal Defense Lawyers;
• Robyn Greene, Policy Counsel and Government Affairs Lead, Open Technology Institute; and
• Sascha Meinrath, moderator, Director of X-Lab, Palmer Chair in Telecommunications at Penn State University, and Chairman of the Board of the Fourth Amendment Advisory Committee.

WHEN: September 28th, 1:30 p.m.
WHERE: Rayburn House Office Building, Room 2226