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Edward Snowden: The Rule 41 Amendment Returns Us to the 1760s
How should we view the amendment to Rule 41? Edward Snowden would have you believe it returns us to a time when a tyrant ruled over America.
Edward Snowden believes the amendments to Rule 41 of the Federal Rules of Criminal Procedure, which regulates legal search and seizure, has returned us to the days when America was ruled by a tyrant. “The [FBI] is now openly issuing the general warrants that, in 1760, led John Adams to first dream of independence,” he wrote in a tweet. For privacy advocates, like Snowden, this change flies in the face of the rights our founding fathers fought to secure. For law enforcement officials, this amendment is a necessary alteration which fits the digital age. For American citizens, it’s a double-edge sword.
The changes made to Rule 41 took effect on December 1. The new version will allow federal agencies to obtain a warrant for “remote-access” searches and seizures of digital materials. Rule 41 now reads:
"A magistrate judge with authority in any district where activities related to a crime may have occurred has authority to issue a warrant to use remote access to search electronic storage media and to seize or copy electronically stored information located within or outside that district if: (A) the district where the media or information is located has been concealed through technological means; or (B) in an investigation of a violation of 18 U.S.C. § 1030(a)(5), the media are protected computers that have been damaged without authorization and are located in five or more districts."
What concerns many is now that federal agencies have this power, how will it be used?There are two real-world scenarios which may offer some insight.
In 2015, the FBI took a child pornography website on the Dark Web and used it in a sting operation. Malware was deployed to any computer visiting the site, which resulted in the identification of over 1,500 pedophiles. This operation was done on a single warrant, which defense lawyers successfully argued was invalid.
The amendment to Rule 41 addresses this issue. Today, a magistrate judge has the authority to issue a warrant outside of their district, requiring no knowledge of the location of the computers being searched.
What concerns many privacy advocates and what should concern many citizens is innocent bystanders can become collateral in these searches. Take the victims of the Mirai botnet attack, in which hackers took advantage of weak security protocols on routers, security cameras, and more IoT devices. While innocent of the crime, the new rule would allow federal agencies to copy all material on these hacked devices.
Government access to the computers of botnet victims also raises serious privacy concerns, as a wide range of sensitive, unrelated personal data could well be accessed during the investigation,” the Electronic Frontier Foundation, an internet privacy group, wrote in a blog post. “This is a dangerous expansion of powers, and not something to be granted without any public debate on the topic.
Snowden believes Rule 41 flies in the face of the Fourth Amendment. To give some historical context, back in the 1760s,British authorities were allowed to carry out searches of anyone at anytime, regardless of whether or not they were suspected of a crime. John Adams sought to make sure these invasive searches and seizures were never carried out again when drafting the Fourth Amendment. In it, he wrote "a warrant must specify the “persons or objects of search, arrest, or seizure."
Rule 41 has expanded the power of the Department of Justice. It's an attempt at making law enforcement effective in a digital age. Whether the spirit of the Fourth Amendment will be maintained under this newly amended rule will be put to the test.
What is human dignity? Here's a primer, told through 200 years of great essays, lectures, and novels.
- Human dignity means that each of our lives have an unimpeachable value simply because we are human, and therefore we are deserving of a baseline level of respect.
- That baseline requires more than the absence of violence, discrimination, and authoritarianism. It means giving individuals the freedom to pursue their own happiness and purpose.
- We look at incredible writings from the last 200 years that illustrate the push for human dignity in regards to slavery, equality, communism, free speech and education.
The inherent worth of all human beings<p>Human dignity is the inherent worth of each individual human being. Recognizing human dignity means respecting human beings' special value—value that sets us apart from other animals; value that is intrinsic and cannot be lost.</p> <p>Liberalism—the broad political philosophy that organizes society around liberty, justice, and equality—is rooted in the idea of human dignity. Liberalism assumes each of our lives, plans, and preferences have some unimpeachable value, not because of any objective evaluation or contribution to a greater good, but simply because they belong to a human being. We are human, and therefore deserving of a baseline level of respect. </p> <p>Because so many of us take human dignity for granted—just a fact of our humanness—it's usually only when someone's dignity is ignored or violated that we feel compelled to talk about it. </p> <p>But human dignity means more than the absence of violence, discrimination, and authoritarianism. It means giving individuals the freedom to pursue their own happiness and purpose—a freedom that can be hampered by restrictive social institutions or the tyranny of the majority. The liberal ideal of the good society is not just peaceful but also pluralistic: It is a society in which we respect others' right to think and live differently than we do.</p>
From the 19th century to today<p>With <a href="https://books.google.com/ngrams/graph?year_start=1800&year_end=2019&content=human+dignity&corpus=26&smoothing=3&direct_url=t1%3B%2Chuman%20dignity%3B%2Cc0" target="_blank" rel="noopener noreferrer">Google Books Ngram Viewer</a>, we can chart mentions of human dignity from 1800-2019.</p><img type="lazy-image" data-runner-src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8yNDg0ODU0My9vcmlnaW4ucG5nIiwiZXhwaXJlc19hdCI6MTY1MTUwMzE4MX0.bu0D_0uQuyNLyJjfRESNhu7twkJ5nxu8pQtfa1w3hZs/img.png?width=980" id="7ef38" class="rm-shortcode" data-rm-shortcode-id="9974c7bef3812fcb36858f325889e3c6" data-rm-shortcode-name="rebelmouse-image" />
American novelist, writer, playwright, poet, essayist and civil rights activist James Baldwin at his home in Saint-Paul-de-Vence, southern France, on November 6, 1979.
Credit: Ralph Gatti/AFP via Getty Images
The future of dignity<p>Around the world, people are still working toward the full and equal recognition of human dignity. Every year, new speeches and writings help us understand what dignity is—not only what it looks like when dignity is violated but also what it looks like when dignity is honored. In his posthumous essay, Congressman Lewis wrote, "When historians pick up their pens to write the story of the 21st century, let them say that it was your generation who laid down the heavy burdens of hate at last and that peace finally triumphed over violence, aggression and war."</p> <p>The more we talk about human dignity, the better we understand it. And the sooner we can make progress toward a shared vision of peace, freedom, and mutual respect for all. </p>
Scientists find that bursts of gamma rays may exceed the speed of light and cause time-reversibility.
- Astrophysicists propose that gamma-ray bursts may exceed the speed of light.
- The superluminal jets may also be responsible for time-reversibility.
- The finding doesn't go against Einstein's theory because this effect happens in the jet medium not a vacuum.
Jet bursting out of a blazar. Black-hole-powered galaxies called blazars are the most common sources detected by NASA's Fermi Gamma-ray Space Telescope.
Cosmic death beams: Understanding gamma ray bursts<div class="rm-shortcode" data-media_id="cu2knVEk" data-player_id="FvQKszTI" data-rm-shortcode-id="c6cfd20fdf31c82cb206ade8ce21ba3f"> <div id="botr_cu2knVEk_FvQKszTI_div" class="jwplayer-media" data-jwplayer-video-src="https://content.jwplatform.com/players/cu2knVEk-FvQKszTI.js"> <img src="https://cdn.jwplayer.com/thumbs/cu2knVEk-1920.jpg" class="jwplayer-media-preview" /> </div> <script src="https://content.jwplatform.com/players/cu2knVEk-FvQKszTI.js"></script> </div>
Researchers dramatically improve the accuracy of a number that connects fundamental forces.
- A team of physicists carried out experiments to determine the precise value of the fine-structure constant.
- This pure number describes the strength of the electromagnetic forces between elementary particles.
- The scientists improved the accuracy of this measurement by 2.5 times.
The process for measuring the fine-structure constant involved a beam of light from a laser that caused an atom to recoil. The red and blue colors indicate the light wave's peaks and troughs, respectively.
Scientists at Washington University are patenting a new electrolyzer designed for frigid Martian water.
- Mars explorers will need more oxygen and hydrogen than they can carry to the Red Planet.
- Martian water may be able to provide these elements, but it is extremely salty water.
- The new method can pull oxygen and hydrogen for breathing and fuel from Martian brine.