There are many problems w/Hogan's opinion ruling FBI back door searches constitutional, started w/misreading FISCR precedent IMO.
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Thanks. Twitter will use this to make your timeline better. UndoUndo
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In addition, Hogan ignores that he himself let FBI expand 702 use to include kiddie porn.
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Most troublingly, Hogan DOESN'T EVEN CONSIDER several uses of FBI back door searches incl assessments and undisclosed other uses.
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Finally, Hogan says, "FBI min procedures provide adequate protection" then describes 2 ways in which FBI is not fulfilling MPs.
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FBI appears to have had access control issues on 702 data (possibly w/ad hoc databases) 2 straight years, but Hogan thinks that's cool.
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@emptywheel Great analysis! The two PCLOB statements (even assuming true) seem to only apply to queries done re existing investigations. -
@CareyShenkman Right: And the language Hogan cites from the MPs make it clear the querying could go beyond even what PCLOB reported. -
@emptywheel The attorney-client MPs made my head hurt. -
@CareyShenkman Right: We're talking about >9 screw-ups in 2 years for INDICTED defendants. And no discussion for other atty-client privilege
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@emptywheel@ErrataRob Yes, lawyers vigorously argue on behalf of their clients. One day, for gov't; another day, for ppl being surveilled. -
@emptywheel@ErrataRob So, if ure a lawyer & don't want to argue vigorously on behalf of today's client, u don't take the job (or u quit). -
@emptywheel@ErrataRob IOW when it comes to "believes", this may/may not be true (irrespective of what she filed)…pic.twitter.com/SKKrzo64qp
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@KDbyProxy Fair point. Which opens up a whole ball of wax about having former prosecutor serve as amicus.@ErrataRob
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@emptywheel "satisfies the significant purpose test" Nice, M!Thanks. Twitter will use this to make your timeline better. UndoUndo
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