If you read the erroneously named Bill of Rights (which is really a list of privileges, most of which have been revoked) you might be left with the mistaken impression that you have a right to privacy against the State. From the National Security Administration’s (NSA) dragnet surveillance to local police departments using cell phone interceptors, the State has been very busy proving this wrong. Not to be outdone by the law enforcement branches, the courts have been working hard to erode your privacy as well. The most recent instance of this is a proposed procedural change:
The Federal Rules of Criminal Procedure set the ground rules for federal criminal prosecutions. The rules cover everything from correcting clerical errors in a judgment to which holidays a court will be closed on—all the day-to-day procedural details that come with running a judicial system.
The key word here is “procedural.” By law, the rules and proposals are supposed to be procedural and must not change substantive rights.
But the amendment to Rule 41 isn’t procedural at all. It creates new avenues for government hacking that were never approved by Congress.
The proposal would grant a judge the ability to issue a warrant to remotely access, search, seize, or copy data when “the district where the media or information is located has been concealed through technological means” or when the media are on protected computers that have been “damaged without authorization and are located in five or more districts.” It would grant this authority to any judge in any district where activities related to the crime may have occurred.
In layman’s terms the change will grant judges the ability to authorize law enforcers to hack into any computer using Tor, I2P, a virtual private network (VPN), or any other method of protecting one’s privacy (the wording is quite vague and a good lawyer could probably stretch it to include individuals using a public Wi-Fi access point in a restaurant). The point being made with this rule proposal is clear, the State doesn’t believe you have any right to protect your privacy.
This should come as no surprise to anybody though. The State has long held that your right to privacy stops where its nosiness begins. You’re not allowed to legally possess funds the State isn’t aware of (financial reporting laws exist to enforce this), manufacture and sell firearms the State isn’t aware of, or be a human being the State isn’t aware of (registering newborn children for Social Security and requiring anybody entering or leaving the country to provide notice and receive approval from the State).