Question on Stingray guidance. PRTT only gets noticed to defendants if evidence intro'ed. Warrants not so. Does this = notice? @NateWessler
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Replying to @emptywheel
Amie Stepanovich Retweeted Amie Stepanovich
Amie Stepanovich added,
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Replying to @astepanovich
@astepanovich Right, but even in future, does the warrant requirement if applicable = notice?@NateWessler1 reply 1 retweet 0 likes -
Replying to @emptywheel
@emptywheel@NateWessler I'd assume so, but I'm actually curious how it will comply with the FBI-driven NDA1 reply 0 retweets 0 likes -
Replying to @astepanovich
@astepanovich@emptywheel I think that going forward, defense attorneys should get copies of warrant and warrant application in most cases3 replies 0 retweets 0 likes -
Replying to @NateWessler
@NateWessler@emptywheel New policy is trying to keep courts from ruling warrant and notice are mandatory, esp if no notice in old cases2 replies 0 retweets 0 likes -
Replying to @PatrickCToomey
@PatrickCToomey (To say nothing of NatSec uses--does probable cause determination in NatSec trigger FISA notice requirements?)@NateWessler1 reply 0 retweets 0 likes -
Replying to @emptywheel
@emptywheel I took them to be saying they would use the regular FISA process, so there would be bare-bones notice under 1806...1 reply 0 retweets 0 likes -
Replying to @PatrickCToomey
@PatrickCToomey They don't currently notice FiSA PRTT evidence not entered into evidence. Does "probable cause" equate to "electronic comm"?1 reply 0 retweets 0 likes -
Replying to @emptywheel
@emptywheel They do have to give FISA PRTT notice even when evidence is only "derived" (sec 1845). Never seen it happen, tho.1 reply 0 retweets 1 like
@PatrickCToomey That word "derived"? It prolly has multiple meanings, just like "collect" does.
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