I'm usually more supportive of FISC than most libertarian hippie types. Not anymore. Not after recent 702 opinion. https://www.emptywheel.net/2017/05/30/the-problems-with-rosemary-collyers-shitty-upstream-702-opinion/ …
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2) In spite of complexity of issue (and persistence of problems) she didn't appoint amicus. Didn't--as required by law--explain why not.
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3) She didn't define key terms. 4) Even tho Congress is asking for real
#s, she didn't bother to get any for herself. -
5) Even tho it is abundantly clear NSA doesn't yet have knowledge to fulfill promises they made to her, she approved certs based on promises
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6) Curiously, we didn't get to see docs with those promises on them, signed by (for first time) Coats and Sessions, as well as Rogers.
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7) Unlike Reggie Walton, John Bates, Thomas Hogan, Collyer let NSA keep data collected breaking rules, & data collected based off that data.
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In other words, as permissive as you think FISC has been in the past, this ruling sets new diminished standards for rubber stamp court.
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