WASHINGTON, April 27 (Reuters) - U.S. judges will be able to issue search warrants giving law enforcement agents power to access computers in any jurisdiction, potentially even overseas, under a controversial rule change likely to be approved by the Supreme Court by May 1.
Magistrate judges can normally only order searches within the jurisdiction of their court, which is typically limited to a few counties.
The U.S. Justice Department, which is pushing for the rule change, has described it as a procedural change needed to modernize the criminal code for the digital age, and has said it would not permit searches or seizures that are not already legal.
Google, owned by Alphabet Inc, and civil liberties groups such as the American Civil Liberties Union and Access Now, contend the change would vastly expand the ability of the Federal Bureau of Investigation to hack into computer networks. They say it could run afoul of the U.S. Constitution's protections against unreasonable searches and seizures.
Should the Supreme Court approve the change, it would have to pass both chambers of Congress, a move seen as unlikely given gridlock in the legislature ahead of the U.S. presidential election.
The proposed amendment is to Rule 41 of the federal rules of criminal procedure, a text governing the judicial branch that is regularly updated. It was at the center of two court opinions issued this month throwing out evidence gathered by FBI sting operations targeting child pornographers who relied on the anonymous Internet browser called Tor network.
Federal courts in Virginia and Oklahoma said the FBI's use of a warrant to deploy a "network investigative technique" on computers outside the geographic bounds of the issuing judge's district was invalid.
A Justice Department spokesman pointed to those cases as reason for why changes to Rule 41 are necessary.
Though it has been several years in the making, the effort to widen warrant jurisdiction has not garnered the level of attention of other recent clashes over government access to digital information, such as the FBI's standoff with Apple over encryption.
Congress would have until December 1 to reject or amend a change to Rule 41.
Senator Ron Wyden, an Oregon Democrat, has vowed to mobilize opposition to the Rule 41 update. Sources familiar with his plans say he is expected to announce he is working on legislation to block the changes if they earn approval from the Supreme Court.
"This rule change could potentially allow federal investigators to use one warrant to access millions of computers, and it would treat the victims of the hack the same as the hacker himself," Wyden said during a speech last month at a digital rights conference in San Francisco.
HISTORY OF DEFERENCE
Proposed changes to the criminal procedure rules go through several layers of vetting by committees comprised of lawyers and judges before reaching the Supreme Court.
The review of the Justice Department's Rule 41 proposal, which was first drafted in 2013, led to it being pared back to only apply in situations when a suspect can be shown to be using technology to conceal the location of his or her computer or for an investigation into a network of hacked or infected computers, such as a botnot.
The Supreme Court rarely rejects such proposals to change federal rules, according to lawyers familiar with the process.
Google and other opponents say the Rule 41 proposal amounts to a "substantive" change to the rules, and therefore should be properly debated in Congress.
The change "raises a number of monumental and highly complex constitutional, legal, and geopolitical concerns," Richard Salgado, Google's director for law enforcement and information security, wrote in public comments submitted in February 2015. (Reporting by Dustin Volz, additional reporting by Joan Biskupic. Editing by Jonathan Weber and Andrew Hay)
Our 2024 Coverage Needs You
It's Another Trump-Biden Showdown — And We Need Your Help
The Future Of Democracy Is At Stake
Our 2024 Coverage Needs You
Your Loyalty Means The World To Us
As Americans head to the polls in 2024, the very future of our country is at stake. At HuffPost, we believe that a free press is critical to creating well-informed voters. That's why our journalism is free for everyone, even though other newsrooms retreat behind expensive paywalls.
Our journalists will continue to cover the twists and turns during this historic presidential election. With your help, we'll bring you hard-hitting investigations, well-researched analysis and timely takes you can't find elsewhere. Reporting in this current political climate is a responsibility we do not take lightly, and we thank you for your support.
Contribute as little as $2 to keep our news free for all.
Can't afford to donate? Support HuffPost by creating a free account and log in while you read.
The 2024 election is heating up, and women's rights, health care, voting rights, and the very future of democracy are all at stake. Donald Trump will face Joe Biden in the most consequential vote of our time. And HuffPost will be there, covering every twist and turn. America's future hangs in the balance. Would you consider contributing to support our journalism and keep it free for all during this critical season?
HuffPost believes news should be accessible to everyone, regardless of their ability to pay for it. We rely on readers like you to help fund our work. Any contribution you can make — even as little as $2 — goes directly toward supporting the impactful journalism that we will continue to produce this year. Thank you for being part of our story.
Can't afford to donate? Support HuffPost by creating a free account and log in while you read.
It's official: Donald Trump will face Joe Biden this fall in the presidential election. As we face the most consequential presidential election of our time, HuffPost is committed to bringing you up-to-date, accurate news about the 2024 race. While other outlets have retreated behind paywalls, you can trust our news will stay free.
But we can't do it without your help. Reader funding is one of the key ways we support our newsroom. Would you consider making a donation to help fund our news during this critical time? Your contributions are vital to supporting a free press.
Contribute as little as $2 to keep our journalism free and accessible to all.
Can't afford to donate? Support HuffPost by creating a free account and log in while you read.
As Americans head to the polls in 2024, the very future of our country is at stake. At HuffPost, we believe that a free press is critical to creating well-informed voters. That's why our journalism is free for everyone, even though other newsrooms retreat behind expensive paywalls.
Our journalists will continue to cover the twists and turns during this historic presidential election. With your help, we'll bring you hard-hitting investigations, well-researched analysis and timely takes you can't find elsewhere. Reporting in this current political climate is a responsibility we do not take lightly, and we thank you for your support.
Contribute as little as $2 to keep our news free for all.
Can't afford to donate? Support HuffPost by creating a free account and log in while you read.
Dear HuffPost Reader
Thank you for your past contribution to HuffPost. We are sincerely grateful for readers like you who help us ensure that we can keep our journalism free for everyone.
The stakes are high this year, and our 2024 coverage could use continued support. Would you consider becoming a regular HuffPost contributor?
Dear HuffPost Reader
Thank you for your past contribution to HuffPost. We are sincerely grateful for readers like you who help us ensure that we can keep our journalism free for everyone.
The stakes are high this year, and our 2024 coverage could use continued support. If circumstances have changed since you last contributed, we hope you'll consider contributing to HuffPost once more.
Support HuffPostAlready contributed? Log in to hide these messages.