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Democide

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DOJ Updates Force Policy, Creates Affirmative Duty To Intervene When Officers Violate Rights

2 June 2022



A little more than a week ago, the Department of Justice updated its policy regarding CFAA (Computer Fraud and Abuse Act) prosecutions. For years, the DOJ had been complicit in the punishment of security researchers for doing their jobs, reasoning that unauthorized access was the only criminal element it needed to satisfy. The guidance — which had not been completely updated for years — reversed this course, affirmatively stating the DOJ would no longer seek prosecution of good faith security research efforts, making it a bit less dangerous to be a security researcher. Unfortunately, there are caveats. First of all, ...




In that same vein of cautious optimism, the DOJ has updated its use-of-force policy for the first time in 18 years, replacing the 2004 guidance with something that better reflects the standards the DOJ, under AG Merrick Garland, is attempting to instill in law enforcement agencies all over the nation. Perhaps the biggest change in the new use-of-force policy is this: federal officers are no longer allowed to turn a blind eye to misconduct. The updated policy [PDF] gives officers responsibilities they’ve never had before, making an implicit assumption explicit. Officers will be trained in, and must recognize and act ...



 
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