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The FBI just got permission to break into private computers without consent so it can fight hackers
The FBI has the authority right now to access privately owned computers without their owners’ knowledge or consent, and to delete software. It’s part of a government effort to contain the continuing attacks on corporate networks running Microsoft Exchange software, and it’s an unprecedented intrusion that’s raising legal questions about just how far the government can go.
On April 9, the United States District Court for the Southern District of Texas approved a search warrant allowing the U.S. Department of Justice to carry out the operation.
The software the FBI is deleting is malicious code installed by hackers to take control of a victim’s computer. Hackers have used the code to access vast amounts of private email messages and to launch ransomware attacks. The authority the Justice Department relied on and the way the FBI carried out the operation set important precedents. They also raise questions about the power of courts to regulate cybersecurity without the consent of the owners of the targeted computers.
As a cybersecurity scholar, I have studied this type of cybersecurity, dubbed active defense, and how the public and private sectors have relied on each other for cybersecurity for years.
“The society that puts equality before freedom will end up with neither, the society that puts freedom before equality will end up with a great deal of both.” --Milton Friedman
BigRedRetard wrote: ↑Tue May 11, 2021 12:15 pm
Seems like a violation of the 4th amendment.
Well, the second paragraph said there was a judge approved search warrant, despite the tone of the first paragraph. If you substitute "home" for "computers" and "remove items indicated on the search warrant" for "delete software", it seems to come out perfectly legal. The police can enter your home with a search warrant already without you consenting or even being home. As long as the police make some good intent to secure your house after they finish with the warrant and haven't messed up your effects too much during the search, and they haven't removed anything not in the scope of the warrant, they've done their job. The FBI has the authority only because they convinced a judge to approve a search warrant to do so, it's not like they're waltzing in either your home or your computer and ransacking either like it's just another Tuesday morning.
Not that I like this at all. I work for a large medical lab provider, and our secure networks and email systems often contain HIPAA covered private patient information. We're supposed to take a concerted effort to secure those emails, and we're often audited to make sure we did. To have the FBI just saunter in and look around our network without our legal department hounding them on every movement on the scope of the search warrant is simply unthinkable. Now, in the case of an Exchange server, there is an admin password involved, both for the server operating system and for the Exchange server software, and I ain't giving up jackshit to any LEO without clear approval from much higher-ups and permission of the legal team. So would some agent try to sit at a workstation and try to hack the password until it's finally given to him? Is there some backdoor password we don't know about that MS would provide the agent if we try not to cooperate?
If you can't be a good example, you can still serve as a horrible warning.
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Plus there's a very limited scope - they are using this to look for specific lines of malware. If they used the same power to come arrest you for your browsing history, that would be an illegal search and would get thrown out. Your constitutional rights can be overridden, it's just subject to the strict scrutiny test - compelling government interest and narrowly tailored. Preventing things like the pipeline attack is a very compelling government interest, and limiting the searches to specific known malware and virus lines of code is about as narrowly tailored as it can get.
It's already necessary just with all the ransomware attacks going on, and if those pesky hackers who are just in it for the cash are in there then so are state actors from Russia, China and NK. It's a critical national security problem. The problem is getting oversight from our politicans and judges, who tend to be elderly folks relying on aides to tell them what the internets is. It's going to need oversight from some new independent civilian organisation that has the funding to hire people who understand it.
