While the country was focused on Trump and Clinton, a new ruling was passed that gives the FBI newly expanded powers, which are especially frightening due to Trump’s recent White House win.
Prior to the new ruling which passed on December 1st, a judge could pass FBI warrants to hack PCs within the few towns or countries of the judge’s jurisdiction. This has all changed now, as the warrant from any single magistrate judge gives the FBI the right to search online communications everywhere in the USA, and perhaps overseas as well.
To catch a thief
The logic goes like this: In order to track down online criminals, the FBI runs up against a wall due to software such as TOR which covers tracks. So, it’s nearly impossible to determine where exactly the “bad guy” is in order to apply for the warrant. The new ruling allows the search to go anywhere without restriction to jurisdiction.
Even if there was a situation where those in charge of the Justice Department leaned strongly towards civil liberties, eager FBI agents may still be inclined to use the new ruling to follow weak leads by obtaining warrants from judges quick to pass the warrants through. During these witch hunts, many thousands, perhaps 10’s of thousands of ordinary, innocent citizens will have their data sifted through and observed.
The soon-to-be attorney general
Where Trump comes into play is with his attorney general choice, Jeff Sessions, who will likely give free reign to the FBI to use their new surveillance powers liberally and often. This is easy to see when we look at Jeff Sessions previous calls as an Alabama Republican senator. During his time in this position, he called for stricter limits on encryption, requirements for business to hand over all data without need of a warrant, and defeat of all Snowden NSA reforms.
Jeff Sessions and the NSA
It’s also very probable that the NSA will be more involved in surveillance on USA home turf. There is a little known function FBI can use termed “request for technical assistance.” With this, the FBI can have the NSA perform wire taps, and hacks of servers and networks in order to further data research against suspects.
Jeff Sessions will also come into play directly with the NSA, as the NSA submits a yearly list of targets they’d like to perform surveillance on. This is all done under already approved law– Section 702 of the Foreign Intelligence Surveillance Act Amendment. This section gives the government the power to manage electronic surveillance on suspects who are “reasonably believed” to be outside of the USA or communicating with a suspect outside of the USA. The list is validated by the Attorney General, who during Trump’s reign will be Jeff Sessions.
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