I agree with you about the legal uncertainty but I also think that FB got a warrant. As It SHOULD!
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Replying to @granick @emptywheel and
Doesn't it depend on who the target is? If it's a Macedonian fake news mill in cahoots w/KGB, then FI collection under 12333.
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Replying to @MiekeEoyang @granick and
In the post I suggest they could have gotten business records under 2703d or gotten everything under 702. https://www.emptywheel.net/2017/09/16/facebook-doesnt-need-a-probable-cause-search-warrant-to-turn-over-ad-data-to-robert-mueller/ …
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Replying to @emptywheel @MiekeEoyang and
Or, of course, both, as usually happens.
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Replying to @emptywheel @granick and
Right, but the bigger issue to Jennifer's point is that if they're targeting the foreign end, no warrant is necessary.
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Replying to @MiekeEoyang @emptywheel and
Some legal process is required for FB to turn it over to the govt.
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Replying to @granick @MiekeEoyang and
Yes, that I totally agree with. Just not clear what that is, and it's not clear that 2703d wouldn't be sufficient, plus 702 obv possible.
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Replying to @emptywheel @granick and
Maybe. Is there a legal prohibition on FB turning it over voluntarily, if they so choose?
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Replying to @MiekeEoyang @emptywheel and
ECPA, TOS, Eu data protection law.
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Replying to @granick @MiekeEoyang and
& FISA. And you asked re: voluntary, but for those following along, 12333 doesn't include the means to compel provider assistance.
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& as a reminder, the unclassified ICA says Internet Research Association has ties to RIS, and there's a whole bunch of classified behind it
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