I'm curious where the "samples" of location records came from. Does "relevance" now encompass "we need to run a software test"?
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@emptywheel Sadly, on consideration, I think they're probably right to read ECPA as allowing voluntary production of international CDRs. -
@normative International, sure. But Kris made it clear it was internationalandforeign, which actually includes a domestic link. -
@emptywheel Right, that's what I mean. BECAUSE it says both, you have to read "international" as meaning "one end domestic" -
@normative And you think that's cool? Because once you go there you've basically eliminated entire purpose for FAA. -
@emptywheel No, it doesn't; the exemption only covers methods other than FISA "electronic surveillance"–like records acquisition. -
@normative Ah, right. Assuming, of course, their definition of "foreign internet content" is same as their definition of domestic content.
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@emptywheel Though even then "running a format test" was probably never contemplated as a valid "foreign intelligence purpose" -
@normative As I noted yesterday, how can they say no one knows what's in 215 dragnet if NSA techs go in and take out telemarketing & pizza? -
@emptywheel You can do that automatically. I could run a filter using a known whitelist without manually opening the data. -
@normative Except we know they do testing on the whitelist. (and they have to develop the whitelist.) -
@emptywheel They can get the whitelist from the phone book. Just saying, nobody has to manually poke through every number to do that. -
@normative No. But they do appear to do some significant poking pre-analysis, whether that's necessary or not. -
@emptywheel Right, so, you could start with a few known retail businesses or pizza places or whatever and develop a fingerprint...
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