@Susan_Hennessey 2 honest Qs: Why does "Essentially Equiv" measure treatment of citizens, not foreigners? @ncweaver
@Susan_Hennessey And the "bulk" question? Is that defined in any legal precedent both sides have to abide by/accept? @ncweaver
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@emptywheel@ncweaver But I can't think of a public case or statute defining bulk. I'll dig around a bit though, it's interesting question. -
@Susan_Hennessey Thanks. Seems to be inevitable stumbling point bc most people have totally diff understanding of bulk than IC@ncweaver -
@emptywheel@ncweaver Ban on bulk collection: "specific selection term to be used as the basis for the production of the tangible things.." -
@Susan_Hennessey Yes. I've written extensively on that. But even MoCs don't agree w/that definition or that it is meaningful.@ncweaver
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@emptywheel@ncweaver The two sides could certainly agree to a definition (even a secret one) and the gov would treat that as binding. -
@Susan_Hennessey But it is not the case that anyone outside of US IC (and poss UK) has bought off on its def of bulk, AFAWK?@ncweaver -
@emptywheel@ncweaver Well, private entities complying under USA FREEDOM would implicitly need to sign off or challenge in court.
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