License To Hack? DOJ Seeks Expanded Authority To Use Hacking Techniques

As part of its increased focus on combating cybercrime, the U.S. Department of Justice is pushing to loosen requirements for obtaining search warrants in order to allow them greater freedom to hack into the computers of criminal suspects.  Late last year, DOJ submitted a request to modify Federal Rule of Criminal Procedure 41, which governs the issuance of search warrants.  DOJ wants to be able to obtain a single warrant authorizing remote access searches of multiple computers or electronic storage media wherever they are located.  DOJ's proposal would modify the current rule in two significant ways: (1) it would eliminate the territorial limitations on authorized searches to allow for searches outside of the district where the warrant is issued; and (2) it would require agents to only make "reasonable efforts" to notify a person whose property was searched or information was seized.