Judges Ignore FBI’s Law-Breaking Ways, Acting Outside of Their Jurisdiction
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The problem with certain government policies (or should I say all of them?) is that, prior to being enacted, neither lawmakers nor members of the press ask the question: What are the long-term, unintended consequences of signing it into law? But in many other cases, oversight is so spotty that entire governmental agencies are given a green light to act as both the lawmaker and enforcer, making matters even worse.
During a recent child porn investigation, the Federal Bureau of Investigation (FBI) deployed a hacking tool known as Network Investigative Technique (NIT), which allows officials to obtain the real IP addresses of certain website users. But the warrant used to deploy this tech was later ruled as invalid and unconstitutional by judges in Massachusetts, Oklahoma and Kansas. Despite the courts’ review, the FBI was given a pass, as judges simply placed the blame at the feet of the judges issuing the warrants instead of penalizing the FBI for making the move.
Now, we’re learning that the malware used by the FBI is breaking its own rules by giving officials access to computers from users around the globe.
According to Motherboard, at least 50 Austrian IP addresses were targeted by federal intelligence officials, giving US authorities the means to pursue suspects outside of the country’s jurisdiction, effectively exceeding the agency’s own Rule 41(b), which allows for remote access searches without notice or special justification.
Tech Dirt reports that the FBI’s hacking tool has now been responsible for the targeting of individual IP numbers in Greece, Denmark, Colombia, Chile, and the UK, even though “the FBI gave no indication in its affidavit that it would possibly be carrying out extraterritorial searches.” In this case, the FBI failed to report that individuals being targeted were located in areas outside of the magistrate’s jurisdiction. And that is a huge problem.
But the targeting of individuals both in America and abroad is wrong—and unconstitutional.
Remote access of a series of computers without consent or specific justification has a name: Mass surveillance. An issue that has already been settled by the 4th Amendment of the US Constitution. Individuals should be protected from unreasonable searches and seizures due to the 4th Amendment, so why is the FBI being given the freedom to act outside of its jurisdiction while also going against the law of the land?
In a free society, the work of law enforcement should always be difficult. Not because officers are to be mistrusted in general, but because people with power ought to be mistrusted. Regardless of what role they play. That’s why the presumption of innocence is a feature and not a bug in a country where liberty reigns.
Unless we are willing to annihilate any trace of freedom we still have, we should never let this type of abuse of power go unchecked. No matter how scared you may be of potential criminals.
Personal responsibility is still the best defense against criminals.