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The push to change an arcane federal rule "raises a number of monumental and highly complex constitutional, legal, and geopolitical concerns that should be left to Congress to decide," wrote Richard Salgado, Google's director for law enforcement and information security.
The first change seems to be designed to allow law enforcement to investigate crimes that involve the use of online anonymity tools, such as Tor. However, as CDT’s testimony argues, it would reach far beyond just Tor to encompass any use of computers that may change the route their network traffic takes to reach a destination. This behavior is exactly what many businesses demand of their employees when they turn on a secure Virtual Private Network (VPN) to connect with confidential documents back at the office or to use a proxy that examines their traffic for viruses and other malware. This could even go so far as to implicate people who misreport the town in which they live on social networks like Facebook or Twitter. The simple fact is that there are many, many ways to intentionally or unintentionally “conceal through technological means” a device’s location, and most of those techniques are regularly used for completely legitimate online behavior that has nothing to do with crime.
The second change seems to be aimed at botnets. Botnets are networks of hijacked computers that malicious hackers can direct to commit crime at massive scales, like distributed denial-of-service attacks that can bring down websites. However, this part of the proposed rule change would allow a warrant to be issued based on a computer being “damaged” as specified in the Computer Fraud and Abuse Act (CFAA). The statute’s definition of “damage” is very broad, encompassing any type of intentional damage to a computer. That opens this authority to be much broader than botnets, and it would in fact reach hundreds of millions of computers around the world that have been infected with garden-variety malware and viruses.
this part of the proposed rule change would allow a warrant to be issued based on a computer being “damaged” as specified in the Computer Fraud and Abuse Act (CFAA). The statute’s definition of “damage” is very broad, encompassing any type of intentional damage to a computer. That opens this authority to be much broader than botnets, and it would in fact reach hundreds of millions of computers around the world that have been infected with garden-variety malware and viruses.
this part of the proposed rule change would allow a warrant to be issued based on a computer being “damaged” as specified in the Computer Fraud and Abuse Act (CFAA). The statute’s definition of “damage” is very broad, encompassing any type of intentional damage to a computer. That opens this authority to be much broader than botnets, and it would in fact reach hundreds of millions of computers around the world that have been infected with garden-variety malware and viruses.
originally posted by: greencmp
a reply to: InverseLookingGlass
this part of the proposed rule change would allow a warrant to be issued based on a computer being “damaged” as specified in the Computer Fraud and Abuse Act (CFAA). The statute’s definition of “damage” is very broad, encompassing any type of intentional damage to a computer. That opens this authority to be much broader than botnets, and it would in fact reach hundreds of millions of computers around the world that have been infected with garden-variety malware and viruses.
this part of the proposed rule change would allow a warrant to be issued based on a computer being “damaged” as specified in the Computer Fraud and Abuse Act (CFAA). The statute’s definition of “damage” is very broad, encompassing any type of intentional damage to a computer. That opens this authority to be much broader than botnets, and it would in fact reach hundreds of millions of computers around the world that have been infected with garden-variety malware and viruses.
So, sounds like when they break a window so they can investigate the broken window?
Technically, a simple script could qualify.