@emptywheel Massive collection = Standing! "EPIC’s filing tells the Court that EPIC 'is a Verizon customer.'"
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@JayAckroyd Dunno. Govt has (w/wikileaks) claimed things that weren't DECLASSed can't be used in court. -
@emptywheel Even SCOTUS? This just gets more and more Kafka (or Heller) esque. -
@JayAckroyd Govt falsely claimed would alert crim defendants when IDed by 702. Hasn't happened. They will do a LOT to prevent standing -
@emptywheel Well, they certainly don't want to argue merits, do they? -
@JayAckroyd Right. THey seem quite certain their arguments won't stand up to antagonist and/or public scrutiny. -
@emptywheel And also quite certain that they can peddle the standing stand indefinitely. You'd think judges would resent that.... -
@JayAckroyd Dunno. Given what Kagan said at#AspenIdeas (that 4th amendment issues is growth industry), I'm not so sure.
End of conversation
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