@orinkerr @csoghoian @kimzetter Confused. Are you suggesting that the warrant req for stingrays is setting the bar too high?
@ddRigmaiden You think they do? If so why is DOJ emphasis on deleting data between uses? @OrinKerr @cfarivar @csoghoian
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@emptywheel@OrinKerr@cfarivar@csoghoian But a "filter," if defined by statute and implemented w/ transparency, could be a compromise. (2) -
@ddRigmaiden@emptywheel@cfarivar@csoghoian I'm thinking about the 4th Amendment particularity issue, which isn't just a policy Q. -
@OrinKerr@emptywheel@cfarivar Here's something I wrote about particularity vis-a-vis StingRay & stored data: http://freedomdujour.com/articles/201407251/suppress-stingray-cell-phone-tracking-evidence-arguing-stored-data-seizure … -
@ddRigmaiden Thanks, helpful. What info does phone automatically send to connected cell tower? -
@OrinKerr After phone thinks its connected to a cell tower, lots of data is sent automatically. But cell tower broadcasts the 1st signal. -
@ddRigmaiden So if phone configured to auto send all this data to anyone who requests it, why is it a "search" of the phone to get it? -
@OrinKerr If it's, e.g., an AT&T phone it w/ only send to an FCC approved AT&T tower. Police impersonate AT&T, which is unreasonable. -
@ddRigmaiden Huh? Based on what cases? - 1 more reply
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@emptywheel@OrinKerr@cfarivar@csoghoian There are statutory "filters" in place for TIII wiretaps. E.g. stop listening for a little while.Thanks. Twitter will use this to make your timeline better. UndoUndo
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@emptywheel@OrinKerr@cfarivar@csoghoian I think there is no actual "filter," precisely because DOJ emphasize deletion after use. (1)Thanks. Twitter will use this to make your timeline better. UndoUndo
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