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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.
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In the case of the government’s use of RATs against the public, the process is comically and characteristically opaque. As one of the authors of a recent policy paper reviewing the legal, technological, and policy issues surrounding RATs, I've given a lot of thought to the problem and how we can fix it.
The federal government should clarify the definition of “interception” under Title I of the Electronic Communications Privacy Act (ECPA) and reconsider the damages requirement for private claims in the Computer Fraud and Abuse Act (CFAA) in light of the often non-economic nature of privacy harms.
Together, with political will and popular support behind them, change in these areas would empower the public to better respond to ratters—whether individuals or government agents—and improve the privacy of millions.* * *Electronic privacy law in the United States is guided by the overlap of the Federal Trade Commission, state law, criminal procedure, executive order, and federal statute.
In the last category, few statutes have more potential than the ECPA. Patrick Leahy noted in 2013 was "no longer suited" to contemporary threats—courts have turned to a technologically unwieldy metaphor of "flight" to determine which interceptions occur “contemporaneously” with a message’s transmission and thus are covered by the statute.
There are counter-intuitive interpretations of aging electronic privacy statute passed before webcams were invented and a federal hacking law that offers a private individual the right to sue but imposes requirements on this right that exclude most victims of ratters. law and policy, though, can meaningfully improve the status quo and ensure that the public is protected.A victim’s suffering is often not financial but emotional.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.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.