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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. Midterm Voter‏Verified account @granick 18 Sep 2017
      Replying to @MiekeEoyang @emptywheel and

      Some legal process is required for FB to turn it over to the govt.

      5 replies 1 retweet 2 likes
    2. Ryan Calo‏Verified account @rcalo 18 Sep 2017
      Replying to @granick @MiekeEoyang and

      But I certainly agree FB can & should ask for a warrant as a constitutional matter for much of what's being requested.

      1 reply 1 retweet 2 likes
    3. Midterm Voter‏Verified account @granick 18 Sep 2017
      Replying to @rcalo @MiekeEoyang and

      A warrant, or even a D order, reduces legal risk to the company.

      1 reply 0 retweets 0 likes
    4. emptywheel‏ @emptywheel 18 Sep 2017
      Replying to @granick @rcalo and

      I'm certain they got some kind of legal process. Just skeptical they would need warrant unless they provided more than CNN and WSJ describe

      1 reply 0 retweets 0 likes
    5. Midterm Voter‏Verified account @granick 18 Sep 2017
      Replying to @emptywheel @rcalo and

      What about for the content of the ads? Ryan seems to think that there's no ECPA prohibition because the ads were run. But Theofel. 1/2

      2 replies 0 retweets 0 likes
    6. Ryan Calo‏Verified account @rcalo 18 Sep 2017
      Replying to @granick @emptywheel and

      I don't see displayed ads as similar to old emails. Ads seem configured so as to be "readily accessible." And FB generates the ads.

      2 replies 0 retweets 0 likes
    7. Kurt Opsahl‏ @kurtopsahl 18 Sep 2017
      Replying to @rcalo @granick and

      For ads purchased for public display, isn't the public the "intended recipient of such communication" under 2702?

      1 reply 0 retweets 1 like
    8. Midterm Voter‏Verified account @granick 18 Sep 2017
      Replying to @kurtopsahl @rcalo and

      As an advertiser, you choose a particular audience to target. And once the ad run is over, it is no longer available to the public, right?

      2 replies 0 retweets 1 like
    9. Midterm Voter‏Verified account @granick 18 Sep 2017
      Replying to @granick @kurtopsahl and

      Think Theofel. The copy of the ad I can see isn't ECPA protected. But there's a very strong argument that the copy FB has still is.

      2 replies 0 retweets 3 likes
    10. Kurt Opsahl‏ @kurtopsahl 18 Sep 2017
      Replying to @granick @rcalo and

      Isn't the non-public copy that FB has one in which FB is a party to the communication - i.e. the ad purchase request is a comm with FB.

      4 replies 0 retweets 1 like
      emptywheel‏ @emptywheel 18 Sep 2017
      Replying to @kurtopsahl @granick and

      In any case, didn't FB show, but not leave, copies of these w/SSCI with no process?

      12:30 PM - 18 Sep 2017
      1 reply 0 retweets 0 likes
        1. New conversation
        2. emptywheel‏ @emptywheel 18 Sep 2017
          Replying to @emptywheel @kurtopsahl and

          I think in "compare SSCI v Mueller," people are forgetting SSCI did not subpoena FB. So it's Mueller legal process v. SSCI voluntary.

          1 reply 0 retweets 0 likes
        3. Kurt Opsahl‏ @kurtopsahl 18 Sep 2017
          Replying to @emptywheel @granick and

          Also, I don't think that a SSCI subpoena is an admin subpoena for purposes of 2702 exception, let alone GJ subepona.

          1 reply 0 retweets 0 likes
        4. emptywheel‏ @emptywheel 18 Sep 2017
          Replying to @kurtopsahl @granick and

          Meaning? That it wouldn't match a D order in any case?

          1 reply 0 retweets 0 likes
        5. Kurt Opsahl‏ @kurtopsahl 18 Sep 2017
          Replying to @emptywheel @granick and

          Congress could have given itself an exception in ECPA, but did not. Only court can issue a D order.

          1 reply 0 retweets 1 like
        6. emptywheel‏ @emptywheel 18 Sep 2017
          Replying to @kurtopsahl @granick and

          So if Facebook would require a D order then we would already be at a level beyond what Congress could get?

          1 reply 0 retweets 0 likes
        7. Kurt Opsahl‏ @kurtopsahl 18 Sep 2017
          Replying to @emptywheel @granick and

          As I read ECPA, it requires a D order for some things, and Congress can't issue those. This is good, vs a HUAC with D order power.

          1 reply 0 retweets 1 like
        8. emptywheel‏ @emptywheel 18 Sep 2017
          Replying to @kurtopsahl @granick and

          LOL. I absolutely agree, and like you all I want the rules to be as hard as possible. Just trying to figure out how ad transactions count.

          1 reply 0 retweets 1 like
        9. 14 more replies

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