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H.R. 5321 (114th): Stopping Mass Hacking Act


The text of the bill below is as of May 25, 2016 (Introduced). The bill was not enacted into law.

Summary of this bill

National security analyst Ahmad Ghappour has called it “possibly the broadest expansion of extraterritorial surveillance power since the FBI’s expansion.” It’s an obscure change approved earlier this year which would essentially allow the government to hack an unlimited number of computers, anywhere in the world, with a single warrant. An edit to Rule 41 of the Federal Rules of Criminal Procedure, it’s more commonly referred to just as “Rule 41.”

Amazingly, Congress never approved this change — instead, the Justice Department requested and received judicial approval from the Supreme Court in April. Now the rule will go into effect on December 1, unless a new congressional bill succeeds …


I

114th CONGRESS

2d Session

H. R. 5321

IN THE HOUSE OF REPRESENTATIVES

May 25, 2016

(for himself, Mr. Conyers, Mr. Farenthold, and Ms. Lofgren) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To prevent the proposed amendments to rule 41 of the Federal Rules of Criminal Procedure from taking effect.

1.

Short title

This Act may be cited as the Stopping Mass Hacking Act.

2.

Criminal procedure rules

The proposed amendments to rule 41 of the Federal Rules of Criminal Procedure, which are set forth in the order entered by the Supreme Court of the United States on April 28, 2016, shall not take effect.