Under FISA Amendments Act (aka 702), Congress authorized 2 types of collection: Upstream & PRISM. I helped draft this statute. 2/
Do FBI is still not supposed to be searching upstream at all. That may (likely to) change w/new changes.
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That's what I thought Charlie was reporting in the updated article.
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Last I checked it it just referred to NSA searches on upstream. Tho possible violation is getting upstream metadata and using it for PRISM.
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So wait,
@charlie_savage does the changing of the Upstream search audience broaden it to FBI, or just NSA looking for USP identifiers? -
Also note sure if you saw this but this was a known problem in 2013 and 2014. https://www.emptywheel.net/2017/04/28/nsa-had-found-many-improper-queries-on-upstream-us-person-data-at-least-by-2013/ …
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This is why the timing is weird.
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Not sure it is. Remember NSA refused to count SCTs when Bates asked in 2011. They've built in plausible deniability since.
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One possibility is process of trying ot count USP impact in advance of this year finally led them to lose plausible deniability.
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Once that happens, under Bates' 1809 precedents you're in a very different legal status than you were before.
End of conversation
New conversation -
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