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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. Orin Kerr‏Verified account @OrinKerr 7 Aug 2017

      Mosaic theory proponents ALWAYS decline to say how it should be implemented. Carpenter's brief does the same.pic.twitter.com/kdQawZIA43

      10 replies 4 retweets 13 likes
    2. emptywheel‏ @emptywheel 7 Aug 2017
      Replying to @OrinKerr

      This mosaic theory proponent keeps offering to talk through how I would do it. You keep declining to take me up on it.

      2 replies 0 retweets 0 likes
    3. Orin Kerr‏Verified account @OrinKerr 7 Aug 2017
      Replying to @emptywheel

      But if you have your answers to these Qs, I'm happy to hear them. Sorry I missed it before. http://repository.law.umich.edu/cgi/viewcontent.cgi?article=1079&context=mlr …pic.twitter.com/wV3ZpstQT0

      1 reply 0 retweets 2 likes
    4. emptywheel‏ @emptywheel 7 Aug 2017
      Replying to @OrinKerr

      Short version is I'd focus on permissible amounts of retained data.

      1 reply 0 retweets 0 likes
    5. Orin Kerr‏Verified account @OrinKerr 7 Aug 2017
      Replying to @emptywheel

      What is the long version? There's about 10 or 20 specific choices that have to be made to implement the theory. What are yours?

      1 reply 0 retweets 0 likes
    6. emptywheel‏ @emptywheel 7 Aug 2017
      Replying to @OrinKerr

      What specific choices would you like answers to? (As offered b4 I'd love to convene actual discussion, not serial offers of them on twitter)

      1 reply 0 retweets 1 like
    7. Orin Kerr‏Verified account @OrinKerr 7 Aug 2017
      Replying to @emptywheel

      Orin Kerr Retweeted Orin Kerr

      The ones asked in the two pages I posted in my earlier tweet.https://twitter.com/OrinKerr/status/894728261594259461 …

      Orin Kerr added,

      Orin KerrVerified account @OrinKerr
      Replying to @emptywheel
      But if you have your answers to these Qs, I'm happy to hear them. Sorry I missed it before. http://repository.law.umich.edu/cgi/viewcontent.cgi?article=1079&context=mlr … pic.twitter.com/wV3ZpstQT0
      1 reply 0 retweets 0 likes
      emptywheel‏ @emptywheel 7 Aug 2017
      Replying to @OrinKerr

      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

      7:27 PM - 7 Aug 2017
      2 replies 0 retweets 0 likes
        1. New conversation
        2. Orin Kerr‏Verified account @OrinKerr 7 Aug 2017
          Replying to @emptywheel

          I agree with that. Doesn't work as a constitutional theory. Concerns should be used to draft statutes.

          1 reply 0 retweets 0 likes
        3. emptywheel‏ @emptywheel 7 Aug 2017
          Replying to @OrinKerr

          Yeah, I get that working backward from 4A precedents won't get you there--or even where mosaic advocates should want to get.

          2 replies 0 retweets 0 likes
        4. Orin Kerr‏Verified account @OrinKerr 7 Aug 2017
          Replying to @emptywheel

          It's a weird half-measure: If a court wants protection for something, should say it's always protected, not protected sometimes-who-knows.

          1 reply 0 retweets 0 likes
        5. emptywheel‏ @emptywheel 7 Aug 2017
          Replying to @OrinKerr

          Problem is Article III courts assess collection. Assessment needs to be on search(es)/data retention and access.

          2 replies 0 retweets 0 likes
        6. Orin Kerr‏Verified account @OrinKerr 7 Aug 2017
          Replying to @emptywheel

          I don't have enough of a sense of the intel collection world to say; my brain is all wired for crim cases.

          0 replies 1 retweet 0 likes
        7. End of conversation
        1. New conversation
        2. emptywheel‏ @emptywheel 7 Aug 2017
          Replying to @emptywheel @OrinKerr

          I tried to initiate discussions during USAF debate, bc dealing w/probs of "relevant" interpretation requires new approach (USAF fails it)

          1 reply 0 retweets 0 likes
        3. emptywheel‏ @emptywheel 7 Aug 2017
          Replying to @emptywheel @OrinKerr

          But also USAF boosters didn't want to talk abt non-comms that got picked up, in addition to the comms.

          1 reply 0 retweets 0 likes
        4. emptywheel‏ @emptywheel 7 Aug 2017
          Replying to @emptywheel @OrinKerr

          There were 2-3 false positives out of Zazi case (prolly comms plus TATP precursor purchases) that'd provide model of what to fix.

          0 replies 0 retweets 0 likes
        5. End of conversation

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