@RachelBLevinson @jenvalentino So as soon as they're going beyond demanding existing biz records, it's either a pen reg or full elsur
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Replying to @normative
@normative@RachelBLevinson Yes right I think. And since they went with PR/TT order later, one can assume they determined it was a PR/TT.2 replies 0 retweets 0 likes -
Replying to @jenvalentino
@jenvalentino Note that this was in 2004, so before Section 215 began being used for phone metadata.@normative6 replies 0 retweets 0 likes -
Replying to @RachelBLevinson
@RachelBLevinson@jenvalentino But the phone data is at least clearly beyond 4th Amdt protection/subpoenable under current doctrine.1 reply 0 retweets 0 likes -
Replying to @normative
@normative@RachelBLevinson ALSO they had already determined phone stuff was biz records in 2004. That's why it was OK without court order.2 replies 0 retweets 0 likes -
Replying to @jenvalentino
@jenvalentino What do you make of 215 IG Report detail they used hybrid PR/TT & 215 for a period of transition?@normative@RachelBLevinson1 reply 0 retweets 0 likes -
Replying to @emptywheel
@emptywheel@normative@RachelBLevinson The 2009 NSA IG report? Which part?3 replies 0 retweets 0 likes -
Replying to @jenvalentino
@jenvalentino That "problem" was fixed in PATRIOT reup, IIRC (though may not)@normative@RachelBLevinson1 reply 0 retweets 0 likes -
Replying to @emptywheel
@emptywheel@jenvalentino@RachelBLevinson Fixed the FISA PR/TT to include subscriber info, obviating need for separate order.2 replies 0 retweets 0 likes -
Replying to @normative
@normative@emptywheel@RachelBLevinson Aha all of that sounds reasonable given my limited knowledge. Was confused about which IG report.1 reply 0 retweets 0 likes
@jenvalentino Here's my VERY quick read of that passage. http://www.emptywheel.net/2013/07/18/did-the-fisa-court-approve-the-relevant-to-dragnet-language-before-congress-passed-the-patriot-reauthorization/ … @normative @RachelBLevinson
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