If 9th Circuit rejects "foreign intelligence exception" but upholds case on other grounds, could that lead to new challenge to 702 in FISC?
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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
New conversation -
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IC Advocates in the recent panel to Congress seem to dislike the term 'backdoor search' must say something.
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