If 9th Circuit rejects "foreign intelligence exception" but upholds case on other grounds, could that lead to new challenge to 702 in FISC?
To what degree is that based off back door search? DOJ stopped giving notice on that again, didn't they?
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I'm thinking of whether company could challenge Directives like Yahoo w/ PAA; that was decided on foreign intelligence exception
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Do you think the FISC/FISCR precedent in Yahoo would allow them to challenge on back door searches?
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Probably not, because FI exception to 4th Amdt would trump backdoor search creating a 4th Amdt problem
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But does that matter for a "real" court?
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Oh, probably not. It's the weird precedent thing again. I don't think Circuits or FISC really have to care what the other says
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That's not what DOJ said after ACLU v. Clapper to FISC. FISC is partial to being treated like appeals court, unsurprisingly
End of conversation
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