More here in my blog post: why didn't OLC analyze the 215 or PRISM programs? http://epic.org/blog/2014/04/who-decided-prism-and-215-were-legal.html …
@AlanInDC And there's also almost certainly a special needs section govt used in Yahoo challenge to PAA.
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@emptywheel true but who came up with the theory? If NSD is setting 4th Am policy for the DOJ I think we have a right to know -
@AlanInDC Oh, agree. just saying we know there's an OLC opinion that approves everything but Internet dragnet that is still active. -
@emptywheel true that the Goldsmith memo addresses issues w/ the TSP but no analysis of 215 and 702 wasn't enacted yet -
@AlanInDC If collecting all phone records w/o Congressional sanction--however weak--is legal, then doing so WITH Congressional sanction is. -
@emptywheel he concluded it was constitutional but not the same as finding that it was authorized by statute. ? Is who decided that -
@AlanInDC No. But presumably he did EXACTLY what we say Kollar-Kotelly, at least, based on Maryland, & on In Re Sealed case's Special Needs -
@emptywheel right but that's all 4th Am analysis. Doesn't answer whether it is authorized by 215 or FISA PR/TT -
@AlanInDC True. But I suspect that they figured since it was all legal w/o Congress who cares? - 2 more replies
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