Mosaic theory proponents ALWAYS decline to say how it should be implemented. Carpenter's brief does the same.pic.twitter.com/kdQawZIA43
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The ones asked in the two pages I posted in my earlier tweet.https://twitter.com/OrinKerr/status/894728261594259461 …
I'll try to write something up--I've got 100 things I'm behind on. One thought: doing this in courts is wrong way, bc it won't reach mosaic
I agree with that. Doesn't work as a constitutional theory. Concerns should be used to draft statutes.
Yeah, I get that working backward from 4A precedents won't get you there--or even where mosaic advocates should want to get.
It's a weird half-measure: If a court wants protection for something, should say it's always protected, not protected sometimes-who-knows.
Problem is Article III courts assess collection. Assessment needs to be on search(es)/data retention and access.
I don't have enough of a sense of the intel collection world to say; my brain is all wired for crim cases.
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