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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. 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?

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

      Me too. ECPA is hard. Which brings me back to my point. 1/3

      2 replies 0 retweets 0 likes
    10. Midterm Voter‏Verified account @granick 18 Sep 2017
      Replying to @granick @emptywheel and

      My point is, have some sympathy for Facebook here. ECPA is just one of the legal hurdles to overcome before it can lawfully disclose. 2/3

      1 reply 1 retweet 0 likes
      emptywheel‏ @emptywheel 18 Sep 2017
      Replying to @granick @kurtopsahl and

      I think we all agree these protections are worthwhile. For me, big takeaway (thanks!) is that even D order > congressional subpoena.

      1:30 PM - 18 Sep 2017
      1 reply 0 retweets 0 likes
        1. New conversation
        2. Mieke Ooooooooyang  🎃‏Verified account @MiekeEoyang 18 Sep 2017
          Replying to @emptywheel @granick and

          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.

          2 replies 0 retweets 0 likes
        3. Kurt Opsahl‏ @kurtopsahl 18 Sep 2017
          Replying to @MiekeEoyang @emptywheel and

          Congress is not particular 'silent' when it makes a broad prohibition, with a specific set of exceptions.

          1 reply 0 retweets 0 likes
        4. Mieke Ooooooooyang  🎃‏Verified account @MiekeEoyang 18 Sep 2017
          Replying to @kurtopsahl @emptywheel and

          Yes, but it also doesn't have to talk about itself specifically in legislation to ensure that its on prerogatives are not limited.

          2 replies 0 retweets 0 likes
        5. Kurt Opsahl‏ @kurtopsahl 18 Sep 2017
          Replying to @MiekeEoyang @emptywheel and

          Is there a case on this point? I'd love to check it out.

          1 reply 0 retweets 0 likes
        6. Mieke Ooooooooyang  🎃‏Verified account @MiekeEoyang 18 Sep 2017
          Replying to @kurtopsahl @emptywheel and

          I'm checking for one but doubt Congress statutorily preempted itself from gaining info from providers via subpoena through ECPA.

          2 replies 0 retweets 0 likes
        7. Mieke Ooooooooyang  🎃‏Verified account @MiekeEoyang 18 Sep 2017
          Replying to @MiekeEoyang @kurtopsahl and

          That CRS report is pretty good: https://fas.org/sgp/crs/misc/RL34097.pdf … Actually, check out Ashland Oil vs. FTC (1976)

          1 reply 0 retweets 1 like
        8. Mieke Ooooooooyang  🎃‏Verified account @MiekeEoyang 18 Sep 2017
          Replying to @MiekeEoyang @kurtopsahl and

          In Ashland, petitioner argued statutory prohibition on release of trade secret prevented release to Congress. DCCir rejected.

          1 reply 0 retweets 0 likes
        9. emptywheel‏ @emptywheel 18 Sep 2017
          Replying to @MiekeEoyang @kurtopsahl and

          These precedents could also come into play on Fusion's testimony.

          1 reply 0 retweets 0 likes
        10. 1 more reply

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