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emptywheel's profile
emptywheel
emptywheel
emptywheel
@emptywheel

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emptywheel

@emptywheel

Abundant tweets about civil liberties & national security. "Has a longer memory than an elephant & keeps more records than Jim Comey.” Legendary potty mouth.

Grand Rapids, MI
emptywheel.net
Joined August 2008

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    1. Susan Hennessey‏Verified account @Susan_Hennessey 25 Feb 2016
      Replying to @Susan_Hennessey

      @emptywheel Commissions can be useful, but are as often stall-tactics or attempts to kill a controversial issue.

      3 replies 0 retweets 0 likes
    2. emptywheel‏ @emptywheel 25 Feb 2016
      Replying to @Susan_Hennessey

      @Susan_Hennessey Or attempts to have the branch of govt empowered with such a role rather than a judge working in secret to weigh trade-offs

      1 reply 0 retweets 1 like
    3. Susan Hennessey‏Verified account @Susan_Hennessey 25 Feb 2016
      Replying to @emptywheel

      @emptywheel Fed courts here not secret. It's possible there is genuine faith in commission here. There are examples of success (eg 9/11 com)

      2 replies 0 retweets 1 like
    4. emptywheel‏ @emptywheel 25 Feb 2016
      Replying to @Susan_Hennessey

      @Susan_Hennessey They were until DOJ drew the unlucky straw of James Orenstein, would still be if not for that.

      1 reply 0 retweets 0 likes
    5. Susan Hennessey‏Verified account @Susan_Hennessey 25 Feb 2016
      Replying to @emptywheel

      @emptywheel Apple doesn't seem to be making the EDNY argument (it's as weak now as it was then).

      2 replies 0 retweets 0 likes
    6. Susan Hennessey‏Verified account @Susan_Hennessey 25 Feb 2016
      Replying to @Susan_Hennessey

      @emptywheel I think DOJ's CDCA claim that would have been challenged regardless of judge. Presuming Apple is being honest on equities.

      1 reply 0 retweets 0 likes
    7. emptywheel‏ @emptywheel 25 Feb 2016
      Replying to @Susan_Hennessey

      @Susan_Hennessey FBI got AWA orders pertaining to 3 iOS8+ phones before this one we wouldn't know about if not for Orenstein.

      1 reply 0 retweets 0 likes
    8. Susan Hennessey‏Verified account @Susan_Hennessey 25 Feb 2016
      Replying to @emptywheel

      @emptywheel I presume (but don't know) that Apple would have challenged whatever order emerged first if "won't write new code" was redline.

      1 reply 0 retweets 0 likes
    9. Susan Hennessey‏Verified account @Susan_Hennessey 25 Feb 2016
      Replying to @Susan_Hennessey

      @emptywheel Plus, you sort of intimate there is something improper about ex parte orders and compliance. But that's just the practice.

      2 replies 0 retweets 0 likes
    10. Susan Hennessey‏Verified account @Susan_Hennessey 25 Feb 2016
      Replying to @Susan_Hennessey

      @emptywheel Neither companies nor gov could manage an adversarial process for each order. Hence the need for clear rules.

      2 replies 0 retweets 0 likes
      emptywheel‏ @emptywheel 25 Feb 2016
      Replying to @Susan_Hennessey

      @Susan_Hennessey And FBI is still picking and choosing what Apple is permitted to say.

      8:03 AM - 25 Feb 2016
      1 reply 0 retweets 0 likes
        1. New conversation
        2. Susan Hennessey‏Verified account @Susan_Hennessey 25 Feb 2016
          Replying to @emptywheel

          @emptywheel Meh, I don't object to Apple challenging the order in CDCA (or anywhere) but ex parte not a conspiracy theory.

          2 replies 0 retweets 0 likes
        3. Susan Hennessey‏Verified account @Susan_Hennessey 25 Feb 2016
          Replying to @Susan_Hennessey

          @emptywheel And Apple's position in EDNY is fundamentally incompatible with Apple's current position (per Cook's statements).

          0 replies 0 retweets 0 likes
        4. End of conversation

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