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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
      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
    2. 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
    3. 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
    4. 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
    5. 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
    6. 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

      2 replies 0 retweets 0 likes
    7. 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
    8. 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
    9. 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
    10. 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
      emptywheel‏ @emptywheel 7 Aug 2017
      Replying to @emptywheel @OrinKerr

      Actually SUSPECT MPs fr Title I FISA orders might provide a better model -- or at least a basis -- but you'd still need to cross orders.

      7:35 PM - 7 Aug 2017
      1 reply 0 retweets 0 likes
        1. New conversation
        2. emptywheel‏ @emptywheel 7 Aug 2017
          Replying to @emptywheel @OrinKerr

          In any case, for future reference, yes, some of us are thinking about it, but the how to get there is as challenging as the solution.

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

          1/ I should have been clearer in my tweet: When I ask my implementation Qs to proponents of the mosaic theory, they don't have answers.

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

          2/ Most of the time the responses I get from 4th Am experts are that they don't know, but that judges are smart and can figure it out.

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

          3/ The professors are particularly reluctant to give answers. :)

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

          I spent years doing docs on bureaucratic processes and that is still how I see a lot of surveillance I review. So I have ideas...

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

          But one reason I wanted to talk abt it as part of USAF is bc that's what should be in place, & there's more details abt implementation

          0 replies 0 retweets 0 likes
        8. End of conversation

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