Cline; intersection of 2 dynamic areas of law: 4A implications of computers and other devices and FISA, which does away w/traditional notions of probable cause.
Show this thread
-
We've never had access to underlying order. When govt went before court, had to argue agent of foreign power. Foreign power had ot have been China. Had to be in principle agent relationship with foreign power. Govt somehow conviced FISC he was in principle agent rel w/China.
Show this thread
Cline: Disabled from being able to argue, we dispute there was probable cause. Also contend that there are likely to be Franks issues here. There is no evidence, never the case he was functioning as agent of foreign power.
-
-
Cline; This case highlights in most excruciating way tensions bt FISA--the way it's been interpreted--and Franks in absence of disclosure.
Show this thread -
Cline: You can read app all day long and you'll never know if they're true, or if there are material omissions. Scope argument. What happened in this case is exactly scenario that both majority and concurrence in CDT case warned against. Search for particular purpose.
Show this thread -
Cline: Altho def of FI may be broad, it certainly doesn't cover child pornography. Govt theory is FI info could be hidden anywhere, so we can search everything. Again bc of secrecy, we don't know how they did the search
Show this thread -
Cline: really doesn't matter if it's done file by file or by hash, keyword. Govt feels it is authorized to search every single file. They do have minimization procedures. Cline: minimization is what you that you've lawfully seized.
Show this thread -
Cline: Our arg is search and seizure was unlawful. January, or both? Cline: both, August overwhelming based on January.
Show this thread -
Wardlaw: What should govt do when it comes across files that are labeled? If you're trading in FI, you're not going to keep it openly there. Cline: In CDT a computer search necessarily involves everything in computer.
Show this thread -
Wardlaw: I was on panel. Main problem, CDT authorized to look at Bonds, looked at other baseball players. Here, warrant is any FI data, not narrower than that. Cline: I'm with you. I think it's same principle, To find out if league players was in DB, had to search everything.
Show this thread
End of conversation
New conversation -
Loading seems to be taking a while.
Twitter may be over capacity or experiencing a momentary hiccup. Try again or visit Twitter Status for more information.