Last week, the Supreme Court updated Rule 41, allowing federal judges to issue warrants for computers outside of their jurisdiction. The move broadens the ability of U.S. law enforcement, notably the FBI, to hack computers outside of the U.S. According to Fast Company, however, the move could also chill already shaky digital trade relations with the EU. Privacy Shield has built-in assurances from U.S. intelligence that it will only conduct bulk surveillance under certain conditions. In discussing Privacy Shield, Cooper Levenson attorney Peter Fu said, “Things were looking good until” the Rule 41 change. Congress has until Dec. 1 to either amend or countermand the court decision. Meanwhile, members of the European Parliament are trying to set up a plenary vote on the Privacy Shield arrangement.
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