Google, PayPal push back on change to federal hacking powers

Google and PayPal have joined a group of tech and privacy advocates to urge Congress to block a pending expansion of federal hacking powers.

{mosads}“The rule changes attempt to sidestep the legislative process by using a process designed for procedural rules to expand investigatory powers,” the groups wrote in a Tuesday letter to House and Senate leadership. “Congress has never authorized government hacking as an investigative tool in this manner and has not established clear rules for when and how such dangerous techniques should be used.”

At issue is a proposed alteration to the little-known criminal procedure rules that would allow judges to grant warrants for electronic searches in multiple locations and in instances where investigators don’t know the physical location of a device.

The Supreme Court approved the change in April and passed the request along to Congress for final approval. If lawmakers give the thumbs-up or do nothing, the change will go into effect on Dec. 1.

Privacy advocates and security experts say the change would allow wholesale government hacking with little oversight — “which it is hard to imagine would not be in direct violation of the Fourth Amendment,” according to the letter.

The Department of Justice (DOJ), which has been working for years on getting the change, has pushed back fiercely on those arguments.

“The amendments do not change any of the traditional protections and procedures under the Fourth Amendment, such as the requirement that the government establish probable cause,” Assistant Attorney General Leslie R. Caldwell wrote in a Monday blog post. “The amendments would merely ensure that at least one court is available to consider whether a particular warrant application comports with the Fourth Amendment.”

The DOJ insists the revision to what’s known as Rule 41 is a necessary update to match the realities of modern digital investigations.

But security experts argue the change would have unintended consequences on cybersecurity that “could cause serious damage … and negatively impact innocent users.”

Critics also say it would allow “forum shopping” for warrants, in which prosecutors would repeatedly return to magistrates who “take the most lax view in reviewing warrant applications to authorize the hacking of users around the world.”

The 50 signees of Tuesday’s letter urged lawmakers to support a provision from Sen. Ron Wyden (D-Ore.) that would block the changes.

Other signees included the American Civil Liberties Union, the Computer & Communications Industry Association and the Electronic Frontier Foundation.