BIPARTISAN HOUSE COALITION PRESSES CLAPPER FOR INFORMATION ON PHONE & EMAIL SURVEILLANCE

Washington, DC – Today, a bipartisan group of ten members of the U.S. House Judiciary Committee—including Ranking Member John Conyers, Jr. (D-MI), and former Chairman Jim Sensenbrenner (R-WI), wrote to the Director of National Intelligence James Clapper to memorialize the Director’s commitment to provide a detailed look at how the government’s phone and email surveillance affects United States citizens.  The intelligence community has promised to provide a public estimate of that impact “early enough to inform the debate” on surveillance reform in the next Congress, with a target date of January 2017.

The letter was signed by Representatives John Conyers, Jr. (D-MI), F. James Sensenbrenner (R-WI), Jerrold Nadler (D-NY), Darrell E. Issa (R-CA), Zoe Lofgren (D-CA), Ted Poe (R-TX), Henry C. “Hank” Johnson, Jr. (D-GA), Jason Chaffetz (R-UT), Ted Deutch (D-FL), Suzan K. DelBene (D-WA) and David N. Cicilline (D-RI).

U.S. House Bipartisan Coalition Letter To National Intelligence Director James Clapper for Phone & Email Su... by Beverly Tran on Scribd

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Bipartisan, bicameral bill would delay changes to government hacking powers

Proposed Amendments to Rule 41 of the Federal Rules of Criminal Procedure would expand the government’s ability to search Americans’ computers and other digital devices

WASHINGTON – U.S. Senators Chris Coons (D-Del.), Steve Daines (R-Mont.), Mike Lee (R-Utah), Ron Wyden (D-Ore.), and Al Franken (D-Minn.), together with Reps. John Conyers, Jr. (D-Mich.) and Ted Poe (R-Texas), introduced legislation to provide Congress the time necessary to seriously consider and debate the proposed changes to Rule 41 that would expand the government's ability to search computers and other digital devices. The Review the Rule Act would delay the proposed changes to Federal Rule of Criminal Procedure 41 from going into force until July 1, 2017. Without congressional action, the proposed changes will go into effect on December 1, 2016.

Federal Rule of Criminal Procedure 41 governs the procedures and parameters for issuing search warrants.  Under current law, a federal judge may issue a warrant to search property located within a specific judicial district.  At the urging of the Department of Justice, the Supreme Court ultimately approved two sweeping amendments to Rule 41:

       

1.     A judge may issue a warrant to remotely search, copy, and seize information from a device that does not have a known location (and may not be in the district) because the location has been concealed through technological means; and, 

2.       A single judge may issue a warrant to remotely search and copy information from suspected devices across five or more districts.

Dean of the U.S. House
of Representatives

“I remain deeply concerned about the intended and unintended consequences of the expanded authorities contemplated in the proposed changes to Rule 41,” said John Conyers, Jr. (D-MI), House Judiciary Committee Ranking Member. “The bill we offer today will delay implementation until Congress has had a meaningful opportunity to examine the proposal in detail.  Until we have adequately addressed the privacy concerns raised by my colleagues, this rule change should not take effect.”

“The proposed changes are serious, and present significant privacy concerns that warrant careful consideration and debate,” said Senator Coons, a member of the Senate Judiciary Committee. “Our bicameral, bipartisan legislation will give Congress time to do our job and carefully consider and evaluate the merits of these proposed changes to the government’s ability to search personal computers and other digital devices. It is essential that these rules strike a careful balance: giving law enforcement the tools it needs to keep us safe, while also protecting Americans’ constitutional rights to privacy and freedom from unreasonable searches.”

“We cannot give the federal government a blank check to infringe on Americans’ civil liberties,” said Senator Daines.“Congress needs the appropriate time to investigate the implications of this rule on Americans’ Fourth Amendment rights.”

“A single prosecutor should not have the power to hack into the phone or computer of virtually anyone in the United States,” said Senator Lee, a member of the Senate Judiciary Committee. “Yes, federal law enforcement does need new tools to stop and prosecute botnets, but the proposed Rule 41 rule change goes too far. The sensible thing to do is delay the implementation of this rule and allow Congress to investigate further."

“This rule change would give the government unprecedented power to hack into Americans’ personal devices,”Senator Wyden said. “This was an alarming proposition before the election. Today, Congress needs to think long and hard about whether to hand this power to James Comey and the administration of someone who openly said he wants the power to hack his political opponents the same way Russia does.”          

“Government does not have the authority to unilaterally legalize widespread abusive hacking,” said Rep. Poe.  “It is Congress’ responsibility to safeguard the constitutional rights of the people they represent from a power hungry Executive Branch. A delay in the proposed changes to Rule 41 is necessary to ensure that the newly elected Congress, and Administration, have the ability to carefully evaluate this rule change before it goes into effect to ensure that it is constitutional and in the best interests of the American people. Rushing to put the changes in place in the middle of the lame duck session is irresponsible. Too much is at stake to not get this right.”

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Bipartisan Coalition Presses DOJ About Government Hacking

The United States Congress

Lawmakers Seek Answers About How Government Would Use New Hacking Authority, One Month Before Rule 41 Amendments Would Take Effect

Washington, D.C. –A bipartisan coalition of Senate and House lawmakers today asked Attorney General Loretta Lynch to provide Congress with more information about a proposed expansion of government hacking and surveillance powers.

Sen. Ron Wyden, D-Ore., Judiciary Committee member Sen. Mike Lee, R-Utah, and Ranking Member Patrick Leahy, D-Vt., with House Judiciary Committee Ranking Member Rep. John Conyers, Jr., D-Mich., and senior Judiciary Committee member Rep. Ted Poe, R-Texas, led a bipartisan group of 23 lawmakers asking for more information about the proposal, formally known as amendments to Rule 41 of the Federal Rules of Criminal Procedure. Unless Congress acts, these new amendments are scheduled to go into effect on December 1.

“We are concerned about the full scope of the new authority that would be provided to the Department of Justice,” the lawmakers wrote. “We believe that Congress -- and the American public -- must better understand the Department’s need for the proposed amendments, how the Department intends to use its proposed new powers, and the potential consequences to our digital security before these rules go into effect.”

 The lawmakers ask DOJ a number of questions about how Rule 41 will be used, including:

• The letter was also signed by: Sen. Tammy Baldwin, D-Wisc., Sen. Chris Coons, D-Del., Sen. Steve Daines, R-Mont., Sen. Al Franken, D-Minn., Sen. Mazie Hirono, D-Hawaii, Sen. Jon Tester, D-Mont, Sen. Elizabeth Warren, D-Mass., Sen. Martin Heinrich, D-N.M. and Rep. Justin Amash, R-Mich., Jason Chaffetz, R-Utah., Rep. Judy Chu, D-Calif., Rep. Steve Cohen, D-Tenn., Rep. Suzan DelBene, D-Wash., Rep. Louie Gohmert, R-Texas, Rep. Hank Johnson, D-Ga., Rep. Ted Lieu, D-Calif., Rep. Zoe Lofgren, D-Calif., and Rep. Jerrold Nadler, D-N.Y.

Bipartisan Coalition Presses DOJ About Government Hacking on Rule 41 Letter 10.27.16 by Beverly Tran on Scribd

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CONYERS & POE LEAD BIPARTISAN HOUSE COALITION TO STOP GOVERNMENT SURVEILLANCE AND HACKING

WASHINGTON, D.C.—Congressman John Conyers (D-MI) and Congressman Ted Poe (R-TX) along with Congressman Blake Fahrenthold (R-TX) and Congresswoman Zoe Lofgren (D-CA)introduced H.R. 5321 the Stop Mass Hacking Act. This is the companion bill to legislation introduced on the Senate side by Senators Ron Wyden (D-OR) and Rand Paul (R-KY). The Department of Justice has recently moved to make an administrative rule change to Rule 41 of the Federal Rules of Criminal Procedure that would give the government the ability to hack the computers of a massive amount of American citizens just by obtaining a single warrant.  If Congress does not act by December 1, 2016, this change will be in effect. The Stop Massive Hacking Act prevents these changes to Rule 41 from going into effect.

Dean of the U.S. House
of Representatives
John Conyers, Jr.

“I stand by the Stop Mass Hacking Act because I am not yet convinced that the proposed changes to Rule 41 are wise or necessary,” said Rep. Conyers. “This rule change is designed to streamline investigative techniques that allow law enforcement to gain unauthorized access and control to remote computer systems.  Until Congress has had an opportunity to examine this proposal in detail—and until we have adequately addressed the privacy concerns raised by my colleagues—this rule change should not take effect.”

“Government does not have the authority to unilaterally legalize widespread government hacking,” said Rep. Poe.  “Americans have rights. It is Congress’ responsibility to safeguard the constitutional rights of the people they represent from a power hungry Executive Branch. As such, we are moving to stop this change that condones hacking the property of the very people we are entrusted to protect.”

“This bill hits pause on a new rule which facilitates hacking of foreign entities and hijacking devices owned by the victims of malware attacks without their permission,” said Rep. Lofgren.  “These troubling activities, and the international, privacy, and security ramifications which may arise as a result, deserve serious deliberation and debate in Congress.”

“We’re in the midst right now of one of the biggest battles in the privacy world that we have faced,” said Rep Farenthold. “Because of the horrendous terrorist attacks we’ve witnessed, there’s a willingness to give up some of our freedoms and privacy in order to feel safe. That’s completely understandable, but if we keep down this path, we’re going to wake up in a few years in George Orwell’s ‘1984.’ This is why, as we fight for security, the intrusion on privacy

necessary to fight the war on terror needs to be narrowly tailored and aggressively overseen.”

“Representatives Poe, Conyers, Farenthold and Lofgren are leading the fight to protect Americans’ freedoms by introducing the Stopping Mass Hacking Act in the House of Representatives,” said Senator Wyden. “They’re proof that a growing, bipartisan coalition agrees that this expansion of the government’s hacking and surveillance authority simply goes too far.”

Stop Mass Hacking Act Summary by Beverly Tran

Read a one-page bill text of the Stopping Mass Hacking (SMH) Act.

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