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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. Mieke Ooooooooyang  🎃‏Verified account @MiekeEoyang 1 May 2017
      Replying to @MiekeEoyang

      Under FISA Amendments Act (aka 702), Congress authorized 2 types of collection: Upstream & PRISM. I helped draft this statute. 2/

      1 reply 3 retweets 2 likes
    2. Mieke Ooooooooyang  🎃‏Verified account @MiekeEoyang 1 May 2017
      Replying to @MiekeEoyang

      Upstream intended to collect foreign-to-foreign communications previously collected overseas off telco backbone, but now grabbed in US 3/

      2 replies 2 retweets 0 likes
    3. Mieke Ooooooooyang  🎃‏Verified account @MiekeEoyang 1 May 2017
      Replying to @MiekeEoyang

      PRISM intended to collected foreign-to-domestic selector-based communications that had a foreign intelligence purpose, including CT.

      1 reply 1 retweet 0 likes
    4. Mieke Ooooooooyang  🎃‏Verified account @MiekeEoyang 1 May 2017
      Replying to @MiekeEoyang

      Under Upstream, NSA had been grabbing all coms on the backbone that contained (or were "about") a selector, not just to-from. 5/

      1 reply 1 retweet 0 likes
    5. Mieke Ooooooooyang  🎃‏Verified account @MiekeEoyang 1 May 2017
      Replying to @MiekeEoyang

      This so-called "about" collection, was not, IMHO, explicitly contemplated by the statute, and was questioned by the PCLOB. 6/

      1 reply 0 retweets 1 like
    6. Mieke Ooooooooyang  🎃‏Verified account @MiekeEoyang 1 May 2017
      Replying to @MiekeEoyang

      Interestingly as @charlie_savage reports, Upstream was held to a different level of access than PRISM, perhaps b/c of "about" collection. 7/

      1 reply 0 retweets 1 like
    7. Mieke Ooooooooyang  🎃‏Verified account @MiekeEoyang 1 May 2017
      Replying to @MiekeEoyang @charlie_savage

      Article suggests that Upstream was harder to query for USP information that PRISM, due to "about" information. 8/

      1 reply 0 retweets 1 like
    8. Mieke Ooooooooyang  🎃‏Verified account @MiekeEoyang 1 May 2017
      Replying to @MiekeEoyang @charlie_savage

      So now NSA is eliminating "about" information in the Upstream database, meaning it's now limited to info to-from selectors of interest. 9/

      1 reply 0 retweets 1 like
    9. Mieke Ooooooooyang  🎃‏Verified account @MiekeEoyang 1 May 2017
      Replying to @MiekeEoyang @charlie_savage

      Now, NSA allows analysts to search the Upstream data the same way they'd search PRISM for USP information, expanding haystack. 10/

      2 replies 2 retweets 0 likes
    10. Mieke Ooooooooyang  🎃‏Verified account @MiekeEoyang 1 May 2017
      Replying to @MiekeEoyang @charlie_savage

      But this still doesn't resolve issue that NSA/FBI can now search combined Upstream & PRISM databases w/o a warrant for USP information. 11/

      2 replies 0 retweets 1 like
      emptywheel‏ @emptywheel 1 May 2017
      Replying to @MiekeEoyang @charlie_savage

      Do FBI is still not supposed to be searching upstream at all. That may (likely to) change w/new changes.

      10:21 AM - 1 May 2017
      1 reply 0 retweets 0 likes
        1. New conversation
        2. Mieke Ooooooooyang  🎃‏Verified account @MiekeEoyang 1 May 2017
          Replying to @emptywheel @charlie_savage

          That's what I thought Charlie was reporting in the updated article.

          1 reply 0 retweets 0 likes
        3. emptywheel‏ @emptywheel 1 May 2017
          Replying to @MiekeEoyang @charlie_savage

          Last I checked it it just referred to NSA searches on upstream. Tho possible violation is getting upstream metadata and using it for PRISM.

          1 reply 0 retweets 0 likes
        4. Mieke Ooooooooyang  🎃‏Verified account @MiekeEoyang 1 May 2017
          Replying to @emptywheel @charlie_savage

          So wait, @charlie_savage does the changing of the Upstream search audience broaden it to FBI, or just NSA looking for USP identifiers?

          3 replies 0 retweets 0 likes
        5. emptywheel‏ @emptywheel 1 May 2017
          Replying to @MiekeEoyang @charlie_savage

          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/ …

          1 reply 0 retweets 0 likes
        6. Mieke Ooooooooyang  🎃‏Verified account @MiekeEoyang 1 May 2017
          Replying to @emptywheel @charlie_savage

          This is why the timing is weird.

          1 reply 0 retweets 0 likes
        7. emptywheel‏ @emptywheel 1 May 2017
          Replying to @MiekeEoyang @charlie_savage

          Not sure it is. Remember NSA refused to count SCTs when Bates asked in 2011. They've built in plausible deniability since.

          1 reply 0 retweets 0 likes
        8. emptywheel‏ @emptywheel 1 May 2017
          Replying to @emptywheel @MiekeEoyang @charlie_savage

          One possibility is process of trying ot count USP impact in advance of this year finally led them to lose plausible deniability.

          1 reply 0 retweets 0 likes
        9. emptywheel‏ @emptywheel 1 May 2017
          Replying to @emptywheel @MiekeEoyang @charlie_savage

          Once that happens, under Bates' 1809 precedents you're in a very different legal status than you were before.

          0 replies 0 retweets 0 likes
        10. End of conversation

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