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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. P̵̛wn̷̕̕ A̶͡ll͜͝͝ T̡̛̕h̷̶̀͠͡e̷̵̶̷ T̵͜͢h̸̸́͟i̕ng͝s͡‏ @pwnallthethings 8 Dec 2017

      This is really disingenuoushttp://www.theregister.co.uk/2017/12/08/that_spying_program_that_absolutely_had_to_be_reauthorized_before_the_end_of_the_year_how_about_april_instead_ask_spy_agencies/ …

      1 reply 14 retweets 22 likes
      Show this thread
    2. P̵̛wn̷̕̕ A̶͡ll͜͝͝ T̡̛̕h̷̶̀͠͡e̷̵̶̷ T̵͜͢h̸̸́͟i̕ng͝s͡‏ @pwnallthethings 8 Dec 2017

      First: this isn't a new theory. It's been floated since at least Spring. Every time it comes up folks say "oh cute theory", and then, thinking it through, discover why it's still effectively a four-month shutdown during that period

      2 replies 3 retweets 19 likes
      Show this thread
    3. emptywheel‏ @emptywheel 8 Dec 2017
      Replying to @pwnallthethings

      Are you remotely familiar with the PAA-FAA transition? You might want to be before you say it's a cute theory. It's a cute theory DOJ already has precedent for in FISC.

      1 reply 1 retweet 1 like
    4. P̵̛wn̷̕̕ A̶͡ll͜͝͝ T̡̛̕h̷̶̀͠͡e̷̵̶̷ T̵͜͢h̸̸́͟i̕ng͝s͡‏ @pwnallthethings 8 Dec 2017
      Replying to @emptywheel

      Yes, I am. I'm also aware that telco upstream providers in 2008 concerned about immunity isn't remotely similar to technology companies in 2017 where reputation is their concern.

      1 reply 2 retweets 2 likes
    5. emptywheel‏ @emptywheel 8 Dec 2017
      Replying to @pwnallthethings

      No. Then you're not, at least not the part I'm talking about. Bc I'm talking abt precisely those very same tech companies who operated under PAA certs approved in 2007 well beyond the expiration of PAA. And the court repeatedly said that's how it'd work.

      1 reply 0 retweets 2 likes
    6. emptywheel‏ @emptywheel 8 Dec 2017
      Replying to @emptywheel @pwnallthethings

      Yahoo was SUING but still complied with 2007 PAA certs past the time PAA expired.

      1 reply 0 retweets 1 like
      emptywheel‏ @emptywheel 8 Dec 2017
      Replying to @emptywheel @pwnallthethings

      And the principle of grandfathered certs has been reiterated over and over. This is not "cute" w/in FISC precedent in the least. It is ... boring.

      12:49 PM - 8 Dec 2017
      • 1 Like
      • WAT
      1 reply 0 retweets 1 like
        1. New conversation
        1. P̵̛wn̷̕̕ A̶͡ll͜͝͝ T̡̛̕h̷̶̀͠͡e̷̵̶̷ T̵͜͢h̸̸́͟i̕ng͝s͡‏ @pwnallthethings 8 Dec 2017
          Replying to @emptywheel

          We're not talking about grandfathered certs, which are valid not because of FISC precedent but by affirmative law (e.g. FAA 2008 404(a)(1)). Not a similar issue to whether certs are valid during a sunset gap.

          1 reply 0 retweets 0 likes
        2. emptywheel‏ @emptywheel 8 Dec 2017
          Replying to @pwnallthethings

          Matt. Yes. I know. I also know (and you don't, apparently, but that's not stopping you from treating me as if I don't) that the PAA certs remained binding after such time as PAA expired. No provider complained, not even the one that was in a big fat suit challenging the law.

          1 reply 0 retweets 3 likes
          3. End of conversation

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