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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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.
I tried to initiate discussions during USAF debate, bc dealing w/probs of "relevant" interpretation requires new approach (USAF fails it)
But also USAF boosters didn't want to talk abt non-comms that got picked up, in addition to the comms.
There were 2-3 false positives out of Zazi case (prolly comms plus TATP precursor purchases) that'd provide model of what to fix.
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