Coalition Asks Congress to Delay Rule that Will Expand Government Hacking

Today, New America’s Open Technology Institute (OTI) joined a coalition of 26 civil society organizations, trade associations, and companies to support the passage of the Review the Rule Act (S.3475, H.R.6341). The bill would delay the implementation of changes to Rule 41 of the Federal Rules of Criminal Procedure, which, absent congressional action, will go into effect on December 1, 2016.

The rule change would significantly increase government hacking by removing jurisdictional requirements, inviting forum shopping. They would also authorize the government to use a single warrant to hack thousands - potentially millions - of targets, including warrants to hack crime victims. Yet, Congress has never passed a law authorizing government hacking, let alone set out rules and procedures as it did for wiretap warrants.

OTI has opposed the rule change since it was first debated, and submitted testimony outlining our concerns. We have also strongly supported the Stopping Mass Hacking Act, which would stop the implementation of the rule change all together.

The following quote can be attributed to Robyn Greene, policy counsel and government affairs lead at New America’s Open Technology Institute:

“This rule change is far too complex and raises too many privacy and cybersecurity concerns for Congress to let the rule go into effect without conducting any oversight whatsoever. Congress needs to delay the implementation of the rule changes so that it has time to hold hearings on them. It must debate what rules for the road for government hacking should look like, if, after considering the risks, it decides that such a power should be available at all.”