@emptywheel re list of crimes on FBI 28 & Litt's list, I think crime referrals (derivative)≠crimes where 702 can be used as direct evidence
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@emptywheel Who knows given shenanigans re 702derived notice? Also DOJ has never used 702 as direct evidence to date, so new limits=shrug -
@charlie_savage Well, that's part of why I think new "limits" are expansion. If they're going to indirect more often, then expansion, no? -
@emptywheel That assumes they weren't indirecting left and right all along tho -
@charlie_savage True. Tho Litt did seem to suggest that increased transparency will make it easier to use 702. -
@emptywheel That's probably true. Power through constraint! There's a long history of that in surveillance land. -
@emptywheel Does every 702 tip/referral to open an assessment count require a derived notice? I don't think govt thinks so. -
@charlie_savage Absolutely not. Nor 702 uses for other assessments unrelated to criminal investigations that may lead to them. -
@emptywheel Right. And also the situation where an agent already has an assessment on a non-Litt-listed crime and queries the 702 storehouse - 1 more reply
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