On the recordMay 19, 2016
today I, along with my colleague Senator Paul from Kentucky, Senator Baldwin from Wisconsin, and Senators Daines and Tester from Montana, am introducing the Stopping Mass Hacking Act, S. 2952, a bill to protect millions of law-abiding Americans from Government hacking. On April 28, 2016, at the request of the Department of Justice, the U.S. Federal Courts recommended administrative changes to Rule 41 of the Federal Rules of Criminal Procedure, the rule that governs search and seizure procedure. The changes have been approved by the Supreme Court, and pursuant to the Rules Enabling Act the amendments take effect on December 1, 2016, absent Congressional action. Despite the seriousness of the changes, Congress has not spoken on the subject. It should. Making changes like this simply by administrative fiat is not good enough. So, today, Senator Paul and I introduce this bill. The administrative changes will provide a magistrate judge with the authority to issue a warrant for remote electronic searches of devices located anywhere in the world when law enforcement does not know the location of the device. While it may be appropriate to address the issue of allowing a remote electronic search for a device at an unknown location, Congress needs to consider what protections must be in place to protect Americans' digital security and privacy. This is a new and uncertain area of law, so there needs to be full and careful debate.…





