In any case, didn't FB show, but not leave, copies of these w/SSCI with no process?
I think we all agree these protections are worthwhile. For me, big takeaway (thanks!) is that even D order > congressional subpoena.
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I'm not sure that I agree with the take away that a D order > congressional subpoena, just because ECPA is silent on Congress' power here.
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Congress is not particular 'silent' when it makes a broad prohibition, with a specific set of exceptions.
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Yes, but it also doesn't have to talk about itself specifically in legislation to ensure that its on prerogatives are not limited.
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Is there a case on this point? I'd love to check it out.
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I'm checking for one but doubt Congress statutorily preempted itself from gaining info from providers via subpoena through ECPA.
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That CRS report is pretty good: https://fas.org/sgp/crs/misc/RL34097.pdf … Actually, check out Ashland Oil vs. FTC (1976)
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In Ashland, petitioner argued statutory prohibition on release of trade secret prevented release to Congress. DCCir rejected.
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These precedents could also come into play on Fusion's testimony.
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