@emptywheel I feel like I need to go back to 1L Crim Law and refresh my 1st and 4th amendment memory.
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@BradMossEsq I get how they're dismissing Fourth w/Smith (tho@normative is abt to rip that apart, I suspect). But association? -
@emptywheel@normative What I can't formulate at the moment is better method for "hops" that doesn't undermine essential CT/CI ops -
@BradMossEsq They are, allegedly, not using the dragnet for CI.@normative -
@emptywheel@normative Allegedly but I'll give benefit of the doubt. Point remains for CT ops though. -
@BradMossEsq Dunno. The REAL reason they're collecting everything (as@normative is overdue to prove) is to find burners. AT&T can do that.
End of conversation
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@emptywheel Don't worry,#NSA provides its own 1st Amendment analysis here, pp. 4-6. Its answer: no problem. http://www.dni.gov/files/documents/1118/CLEANED019.%20NSA%20OGC%20Training%20Materia...d%20to%20OI%20on%202-20-09.pdf … -
@emptywheel Reasoning is circular: 4th Amendment doesn't apply to metadata, but somehow still forecloses 1st Amendment claims. -
@PatrickCToomey Oh, that's the one they always use. But now that you put it THAT way, it's even more inadequate than I realized.
End of conversation
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