In advance of 702 hearing, here's my post on Rosemary Collyer's shitty 702 opinion. https://www.emptywheel.net/2017/05/30/the-problems-with-rosemary-collyers-shitty-upstream-702-opinion/ … Summary:
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Replying to @emptywheel
1) FISC keeps making rulings on 702 w/o
#s to back assumptions abt what actually impacts USPs, even tho Congress wants same#s.1 reply 4 retweets 4 likes -
Replying to @emptywheel
2) Collyer didn't seem to understand that USP domestic comms got (and may still get) collected as single comms, not just MCTs.
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Replying to @emptywheel
3) Collyer might have avoided this problem had she FOLLOWED THE LAW (USAF requiring consideration of amicus). But she didn't.
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Replying to @emptywheel
4) Collyer also didn't define key terms. Where she did, ("active user") she did so in ways that utterly dodge key impacts (is user plural?)
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Replying to @emptywheel
5) In same breath as she described how entirely domestic comms will still be collected, she approved back door searches of those comms.
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Replying to @emptywheel
6) Unlike past judges, Collyer didn't use1809(a)(2) to force NSA to destroy illegally obtained comms. NSA gets to keep it and the reports.
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Replying to @emptywheel
So that's JUST the problems w/current state of 702. 704 has even bigger problems. (Most civ libs apparently don't even know it exists.)
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Collection on Americans who're overseas. It's totally out of control. Only affects like 300 Americans, but still, a shitshow.
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