House, Senate Lawmakers Introduce Bill to Delay Rule 41 Change From Taking Effect

House and Senate lawmakers Thursday introduced legislation that would delay from going into effect Dec. 1 a controversial administrative procedural change that many critics have decried as expanding the government's computer hacking powers. “This rule change would give the government unprecedented power to hack into Americans’ personal devices,” said Sen. Ron Wyden, D-Ore., in a news release. “This was an alarming proposition before the election. Today, Congress needs to think long and hard about whether to hand this power to [FBI Director] James Comey and the administration of someone who openly said he wants the power to hack his political opponents the same way Russia does.” Wyden has led the charge against the implementation of Rule 41 of the Federal Rules of Criminal Procedure (see 1608310021), which was changed because DOJ said it needed a way to conduct remote searches, which the department maintained are the only way to find and apprehend criminals who are increasingly using sophisticated anonymizing technology to hide themselves. The Rule 41 change would allow Justice to get a warrant from any magistrate judge in the country. Opponents of the change repeatedly have said the government could potentially hack into computers of innocent Americans and internationally. In recent weeks, some experts said they expected the new rule to take effect, but stressed Congress can still act afterward (see 1610250049). The new bill -- called the Review the Rule Act -- would delay implementation of Rule 41 until July 1. Sens. Chris Coons, D-Del.; Steve Daines, R-Mont.; Al Franken, D-Minn.; and Mike Lee, R-Utah, as well as Reps. John Conyers, D-Mich., and Ted Poe, R-Texas, also signed onto the bill. Civil liberties and privacy groups have campaigned actively against the change as have technology companies and associations. Computer & Communications Industry Association CEO Ed Black said in a statement that expanding U.S. surveillance authority has "far-reaching consequences" for everyone, affects the relationship between the country and allies and "merits careful consideration by Congress."