“It is appropriate in such cases to make a narrow exception to the general territorial limitations governing the issuance of search warrants. The proposed amendment addresses this problem by relaxing the venue requirements when “the district where the media or information is located has been concealed through technological means.”” states the proposal.
“The government can keep these so-called remote access operations secret from their target for as many as 30 days — longer if an extension is approved by a judge. Obtaining a single warrant to use malware to search potentially thousands of computers in unknown locations would violate constitutional requirements that court-authorized searches be narrow and particular, Fakhoury of the Electronic Frontier Foundation said.” reports a blog post on Bloomberg.
“Assistant Attorney General O’Neil suggested that something like “an investigation involving the use of technological means to conceal identity” might work.” reports the
“I don’t think many Americans would be comfortable with the government sending code onto their computers without their knowledge or consent,” “The power they’re seeking is certainly a broad one.” said Nathan Freed Wessler, a lawyer with the American Civil Liberties Union.
“The proposed amendment would enable investigators to conduct a search and seize electronically stored information by remotely installing software on a large number of affected victim computers pursuant to one warrant issued by a single judge,” committee said. “The current rule, in contrast, requires obtaining multiple warrants to do so, in each of the many districts in which an affected computer may be located.”
(Security Affairs – FBI, federal)