Judge Invalidates FBI Mass Hacking Warrant Over Jurisdiction, Particularity Issues

[Lucian Armasu]

Judge Franklin Noel from Minnesota invalidated a warrant the FBI requested in order to deploy malware to thousands of computers around the world. FBI agent Macfarlane claimed ignorance of procedure, but the judge didn't buy his argument.

Judge Invalidates FBI Mass Hacking Warrant Over Jurisdiction, Particularity Issues : Read more

 

[chaosmassive]

'murica, fuck yeah !

 

[Urzu1000]

It kind of reminds me of the prisoner situation in Mass Effect: Andromeda. Trying to rescue a man accused of murder by finding evidence to prove he didn't do it. Instead, you find evidence that he really didn't do it, but he *meant to* and thought he did.

Then you have to make a choice: Convict a man who didn't actually commit the crime but should be punished, or let him go so that the legal system cannot become twisted due to the precedent that would set.

I think the ethical issue here is very similar. The judge made the right call. Long-term preservation of justice at a cost.

Perhaps if it becomes clear that dragnet viruses for law enforcement are not legal, someone will get creative enough to figure out a better way to pursue these people that doesn't set a bad precedent for other areas of law enforcement.

 

[toffty]

Haven't played Mass Effect but the anecdote doesn't seem too difficult to solve. The man is innocent of murder. The man is guilty of attempted or at least planned murder which the first, hopefully the second too, would carry a punishment.

 

[fmaxwell]

So much for Team America: World Police

 

[Pedasc]

@Toffty I was actually upset at the game for not giving me that option.

 

[SteveRNG]

From what I read above, I support the Judge's decision. But at the same time... a ****load of child pornographers who are most likely guilty as **** are not going to be prosecuted now. It's the right choice, but the it leaves me feeling sick.

 

[problematiq]

From what I read above, I support the Judge's decision. But at the same time... a ****load of child pornographers who are most likely guilty as **** are not going to be prosecuted now. It's the right choice, but the it leaves me feeling sick.

I feel ya, It's great they will get these people, it blows that now the FBI can do a mass hack with a single warrant.

 

[JohnMD1022]

Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

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That doesn't leave much room for doubt.