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Publications

Government Hacking OK? New Rules Will Expand Government Authority to Do So

July 15, 2016 - Westlaw Journal Computer & Internet

Publications

Government Hacking OK? New Rules Will Expand Government Authority to Do So

July 15, 2016 - Westlaw Journal Computer & Internet

Currently, law enforcement hacks into cellphones and conducts remote electronic searches of computers when the government can satisfy the probable cause requirements and can identify the judicial district where the device is located. Recent U.S. Supreme Court amendments to Rule 41 of the Federal Rules of Criminal Procedure will become effective December 1, 2016, unless Congress intervenes. If approved, these amendments will drastically alter the landscape for where and when law enforcement may receive a warrant to search electronic devices by permitting devices outside a district where the electronic device to be searched is located. Read the article here.