@emptywheel The IG report explicitly says (p 37) that in March OLC found Internet metadata illegal under FISA and Title III. Not 4A.
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Replying to @charlie_savage
@charlie_savage IG Report ALSO says Iraq shut down in March. Also is silent on known April 2 mod.1 reply 0 retweets 0 likes -
Replying to @emptywheel
@emptywheel I'm addressing the claim that "rather than legally shutting down the Internet dragnet in 2004, Jack Goldsmith authorized it"7 replies 0 retweets 1 like -
Replying to @charlie_savage
@charlie_savage Anyway, headed to bed. But MY point is that Goldsmith laid out precisely arg he got KK to use: Smith.1 reply 0 retweets 0 likes -
Replying to @emptywheel
@emptywheel Your pt was that Goldsmith cited Smith for 4A, so Congress is powerless. You are wrong bc Goldsmith ALSO said FISA/TIII trumped.2 replies 0 retweets 0 likes -
Replying to @charlie_savage
@emptywheel What I don't understand is why he said that for Internet data, but was cool with phone data. Something about installing device?7 replies 0 retweets 0 likes -
Replying to @charlie_savage
@charlie_savage I believe the obstacle was finding a way to compel internet cos. to create metadata records prospectively.@emptywheel2 replies 0 retweets 0 likes -
Replying to @PatrickCToomey
@PatrickCToomey But prob was providing legal basis for telecoms to provide Internet data voluntarily.@charlie_savage1 reply 0 retweets 0 likes -
Replying to @emptywheel
@emptywheel If email metadata was being provided "voluntarily," what statutory prohibition was the obstacle for OLC?@charlie_savage6 replies 0 retweets 0 likes -
Replying to @PatrickCToomey
@PatrickCToomey@emptywheel My thinking is NSA installed the device. The network cos allowed this but didn't create/provide records.2 replies 0 retweets 0 likes
@charlie_savage It changed w/Bates' 2010 opinion, but not sure in which direction--prolly to telecoms per WSJ story. @PatrickCToomey
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