Question for those who think Carpenter should win: What kinds of surveillance do you think should clearly *not* trigger the 4th Amendment?
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Replying to @OrinKerr
We do this every time. Volume. Retention of multiple streams of data.
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Replying to @emptywheel
Last we discussed on this, you were annoyed with me that I wasn't listening to your answers; when I asked you for your specific rules, you
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Replying to @OrinKerr
I gave you rules. These same ones. Let's convene a conference where you can't use 140 to caricature real discussion.
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Replying to @emptywheel
I've listed a bunch of specific questions and for asked for your answers. You answered zero of them.
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Replying to @OrinKerr @emptywheel
"Volume. Retention of multiple streams of data." is not a rule, at least one that I know how to apply.
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Replying to @OrinKerr
Neither was probable cause when it started either. What I and other people you caricature are proposing is a means of moving forward.
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Replying to @emptywheel
It's been five years since I published that article & questions. Not like I'm springing them on people all of a sudden.
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Just bc you haven't been in these particular discussions (which, as I've said, I had at length during USAF) doesn't mean they didn't happen.
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