From what I've seen "instructive" means "binding" for the FISC when it is precedent that supports the governmenthttps://twitter.com/kavehewaddell/status/702866666745626626 …
@JakeLaperruque Not if Orenstein rules the other way. On location, FISC goes lowest common denominator. Orenstein has 2X liminted FISC.
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@emptywheel Interesting. Although FISC also ignored Jones implications until Blumenthal publicly shamed them to consider it -
@JakeLaperruque https://www.emptywheel.net/2015/11/13/its-harder-for-fbi-to-get-location-data-from-phone-companies-under-fisa-than-other-ways/ … FISC also took notice of PCTDD magistrate decisions, tho has different standard.
End of conversation
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