This mosaic theory proponent keeps offering to talk through how I would do it. You keep declining to take me up on it.
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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
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Replying to @OrinKerr
Short version is I'd focus on permissible amounts of retained data.
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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?
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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)
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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,
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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
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Replying to @emptywheel
I agree with that. Doesn't work as a constitutional theory. Concerns should be used to draft statutes.
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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.
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Replying to @emptywheel @OrinKerr
Nor will indiv collection challenges bc they don't get to underlying conduct of search.
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But other problem is we don't have transparency on what LE (especially what intel analysis, where it is presumaly most advanced) is doing
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