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11-May-2020 12:43 by 9 Comments

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On a constitutional and procedural level, we should require that law enforcement hacking include automatic transparency, ban government webcam hacking, and be exacting in applying the Fourth Amendment’s warrant requirements.The Department of Justice, for its part, expended considerable effort in 2014 making vague arguments in support of expansions in Federal Bureau of Investigation ability to use malware, like RATs, for domestic law enforcement.There's a real threat of being watched and recorded where you live, and without your knowledge or consent.The CFAA was initially passed, as the story goes, in 1983 when Ronald Reagan saw the hacking film Of particular importance here is Section 1030(g), the act’s private right of action.Though the CFAA is foremost a criminal statute, meaning that prosecutors would have the power to decide when it is used, 1030(g) allows a private party to sue in a civil rather than a criminal proceeding, one that might conceivably offer refuge to victims of ratters.Later, at the police station, according to court documents, the abuse continued, with the men now calling her disgusting while reading from her private instant message chats.

The laptop, it turned out, had been stolen before she bought it, and it came equipped with a Remote Access Tool, or RAT.But even great privacy harms do not necessarily translate to dollars—what is the price of having your sex life mocked by strangers in your living room? —so the act ends up unable to protect many who might need it.Amending the CFAA’s damages requirement to take into account the type of harms suffered by ratting victims would offer more people the ability to gain relief under the act’s provisions.Recent reports confirm hundreds of thousands of computers infected in 2014 by only a single type of RAT, with the actual number of infections across years and technology far, far higher.School districts have used RATs to spy on students in their bedrooms; rent-to-own computer stores have secretly watched their customers.But civil suits aren’t a straightforward course of action for victims either.

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