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emptywheel's profile
emptywheel
emptywheel
emptywheel
@emptywheel

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emptywheel

@emptywheel

Abundant tweets about civil liberties & national security. "Has a longer memory than an elephant & keeps more records than Jim Comey.” Legendary potty mouth.

Grand Rapids, MI
emptywheel.net
Joined August 2008

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    1. DCGomez‏ @AllThingsNatSec 16 Mar 2013

      The objections are to non-disclosure, not to NSLs per se. RT @FranTownsend: Judge Strikes Down Surveillance Law http://on.wsj.com/Zw07BJ 

      2 replies 0 retweets 0 likes
    2. DCGomez‏ @AllThingsNatSec 16 Mar 2013
      Replying to @Fantom_Planet

      @Fantom_Planet @frantownsend InRe NSLs: #1 They are essentially a form of admin subpoena. #2 1st used primarily in FCI cases

      1 reply 0 retweets 0 likes
    3. DCGomez‏ @AllThingsNatSec 16 Mar 2013
      Replying to @Fantom_Planet

      @Fantom_Planet @frantownsend Federal Grand Jury subpoenas have secrecy provisions as well. Nobody objects to them. Why?

      4 replies 0 retweets 0 likes
    4. emptywheel‏ @emptywheel 16 Mar 2013
      Replying to @AllThingsNatSec

      @AllThingsHLS Because 1) an outsider reviews the probable cause 2) they'll be reviewed again in any trial.

      1 reply 0 retweets 0 likes
    5. DCGomez‏ @AllThingsNatSec 16 Mar 2013
      Replying to @emptywheel

      @emptywheel An outsider reviews the PC? Clearly you have never obtained a FGJ subpoena. Hah.

      3 replies 0 retweets 0 likes
      emptywheel‏ @emptywheel 16 Mar 2013
      Replying to @AllThingsNatSec

      @AllThingsHLS And while gag MAY serve purpose, ALSO invitation for abuse.

      8:28 AM - 16 Mar 2013
      2 replies 0 retweets 0 likes
        1. New conversation
        2. DCGomez‏ @AllThingsNatSec 16 Mar 2013
          Replying to @emptywheel

          @emptywheel In criminal investigations EVERYTHING also has the POTENTIAL for abuse. It's not just intel cases.

          1 reply 0 retweets 0 likes
        3. emptywheel‏ @emptywheel 16 Mar 2013
          Replying to @AllThingsNatSec

          @AllThingsHLS Sure. But introducing it as evidence is where abuse often gets discovered.

          1 reply 0 retweets 0 likes
        4. DCGomez‏ @AllThingsNatSec 16 Mar 2013
          Replying to @emptywheel

          @emptywheel Agreed. But a whole lot of 6e evidence (FGJ) never gets introduced at trial.

          0 replies 0 retweets 0 likes
        5. End of conversation
        1. New conversation
        2. DCGomez‏ @AllThingsNatSec 16 Mar 2013
          Replying to @emptywheel

          @emptywheel If POTENTIAL was the raison d'être for not doing invest there would be no preventions only reactive invest after bomb goes off

          1 reply 0 retweets 0 likes
        3. emptywheel‏ @emptywheel 16 Mar 2013
          Replying to @AllThingsNatSec

          @AllThingsHLS Doesn't follow. Few situations where having outside review is going to prevent investigation, esp w/emergency periods.

          1 reply 0 retweets 0 likes
        4. DCGomez‏ @AllThingsNatSec 16 Mar 2013
          Replying to @emptywheel

          @emptywheel I don't disagree. But in this case, I think the judge will be overturned, even in the 9th Circuit.

          1 reply 0 retweets 0 likes
        5. emptywheel‏ @emptywheel 16 Mar 2013
          Replying to @AllThingsNatSec

          @AllThingsHLS Esp in the 9th. But that has as much to do w/ them being cowed by SCOTUS as anything else.

          2 replies 0 retweets 0 likes
        6. DCGomez‏ @AllThingsNatSec 16 Mar 2013
          Replying to @emptywheel

          @emptywheel My personal opinion is that 90% of NSLs could be replaced by FGJ subpoenas. It is the 10% in the margins that are problematic

          2 replies 0 retweets 0 likes
        7. emptywheel‏ @emptywheel 16 Mar 2013
          Replying to @AllThingsNatSec

          @AllThingsHLS But all that's before you use NSLs for massive collection, tho I think that's moved on to 215 now. That's abusive, too.

          1 reply 0 retweets 0 likes
        8. DCGomez‏ @AllThingsNatSec 16 Mar 2013
          Replying to @emptywheel

          @emptywheel Believe me; No field FBI agent WANTS to do massive collection. NSLs are actually a royal pain-in-the ass.

          1 reply 0 retweets 0 likes
        9. emptywheel‏ @emptywheel 16 Mar 2013
          Replying to @AllThingsNatSec

          @AllThingsHLS I don't think field agents are the ones doing the hoovering.

          1 reply 0 retweets 0 likes
        10. 1 more reply

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