Related Insights

Coalition Strongly Supports Review The Rule Act

CDT signed onto a coalition letter with more than 20 civil liberties and privacy advocates, and companies, urging Congress to delay implementation of Rule 41. The coalition noted that “government hacking . . . can be much more privacy invasive than traditional searches” and suggested swift passage of Sen. Coons’s bill.

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Issue Brief: Proposed Changes to Rule 41

Under the old Rule 41 of the Federal Rules of Criminal Procedure, magistrates with authority in a district may only issue warrants for search and seizure of property located within that district, with limited exceptions. Under the new Rule 41, magistrate judges would be able to grant warrants to search and seize electronic media located outside of their districts in two additional circumstances. This document overviews CDT’s privacy and cybersecurity concerns with the new rule, and suggested reforms.

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Response and Recommendations For the Digital Security Commission Act of 2016

CDT has reviewed and prepared recommendations for the Digital Security Commission Act of 2016 (S. 2604/H.R. 4651), sponsored by Senator Mark Warner and Representative Michael McCaul. The Act would establish in the legislative branch the National Commission on Security and Technology Challenges, which would be made up of experts from national security and law enforcement, the technology sector, and the cryptography and privacy and civil liberties communities. Although CDT agrees with the general notion that bringing diverse stakeholders to the table is an important and effective means of solving a problem, CDT cannot support this bill.

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