The Champion

June 2016 , Page 16 

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NACDL News: NACDL Welcomes Bipartisan Legislation to Block Proposed Rule 41 Changes

By Ivan J. Dominguez and Ezra Dunkle-Polier

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In mid-May NACDL welcomed the introduction of the Stopping Mass Hacking Act (S. 2952) by Sen. Ron Wyden (D-OR), Sen. Rand Paul (R-KY), Sen. Tammy Baldwin (D-WI), Sen. Steve Daines (R-MT), and Sen. Jon Tester (D-MT), to prevent changes to Rule 41 of the Federal Rules of Criminal Procedure from taking effect. Subsequently, on May 25, 2016, Rep. Ted Poe (R-TX) and Judiciary Committee ranking member John Conyers (D-MI) introduced H.R. 5321, the House version of the bill. They were joined by committee members Blake Farenthold (R-TX) and Zoe Lofgren (D-CA).

The proposed changes to Rule 41 would establish broad new authority for magistrate judges to issue warrants to locate and search computers without any jurisdictional limitations. While this rule change purports to address the difficulty of being able to locate computers that use anonymizing programs, the implications are much more wide ranging. Although such warrants would still have to be supported by probable cause t

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  • Media inquiries: Contact NACDL's Director of Public Affairs & Communications Ivan J. Dominguez at 202-465-7662 or idominguez@nacdl.org
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