Think of the NSA data collection as a large rainwater sistern that the gvt can only drink from with a specific warrant authorized by a court
@Hesiod2k11 Or, you could listen to what EVERYONE has said about it and realize it doesn't ever involve a warrant.
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@emptywheel - The initial collection has to be authorized by a broad warrant. And the use has to meet legal standards as well. -
@Hesiod2k11 No. You're badly mistaken. It is authorized by an ORDER, not a warrant. The use only requires RAS, monitored after the fact. -
@emptywheel - We only have the Order by the FISA ct post application. Which is the same thing as a fucking warrant. IT'S A COURT ORDER! -
@Hesiod2k11 "A fucking warrant" is not "A COURT ORDER." There is no prior court oversight of particularity. Zero. -
@emptywheel -- It's still an Order from a Court authorized by an act of Congress to issue such Orders. Nothing illegal about it. -
@Hesiod2k11 Except that the guy who wrote the statute (hint: NOT in 2008) says this use of it wasn't envisioned by the statute. -
@emptywheel -- That's odd considering that's exactly what the Bush administration was requesting when the statute passed. -
@Hesiod2k11 Again, you're thinking of a completely different statute. Wrong year, wrong statute, wrong request. Batting 0 on facts.
End of conversation
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@emptywheel -- Read what I wrote. The data is collected into a database, and you can only drill down with a warrant. -
@Hesiod2k11 And it was your use of "warrant" that I corrected, because it is false. -
@emptywheel -- The 4th amendment issue arises from the lack of particularity of the FISA Order. -
@Hesiod2k11 Because the 4th requires a WARRANT, and what is involved here is a non-particular ORDER. Really basic stuff. -
@emptywheel -- A Warrant isa neutral magistrate giving permission for the search activity. Greenwald conveniently didn't reveal the request -
@Hesiod2k11 FIRST THING Greenwald revealed WAS the order. The request is for ALL phone records. -
@emptywheel -- Right. Greenwald revealed the Order, but not the specific particularized request and reasons for the request.
End of conversation
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