If they want the initial collection to happen using the FI warrant exception, the purpose of the collection must have foreign intelligence as a significant purpose. So the idea they would be able to repurpose 702 for immigration cases is not only baseless, it would be unlawful
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Replying to @pwnallthethings @JakeLaperruque
The selectors used under 702 must reasonably return foreign intelligence information.1 reply 1 retweet 14 likes -
Replying to @AshaRangappa_ @pwnallthethings
Letter is explicitly raising concern about individuals talking about post collection querying and use, not targetingpic.twitter.com/fyevIQgjXQ
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Replying to @JakeLaperruque @pwnallthethings
By whom are you suggesting it would be queried?
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Replying to @AshaRangappa_ @pwnallthethings
DACA recipients, other lawful permenant residents, anyone Sessions wants out
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It's really not hard for me to imagine Sessions with a 6 year pass on 702 saying "We need to make sure everyone under DACA is law-abiding, and should check all of them against every database we have to see who is here improperly"
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Replying to @JakeLaperruque @pwnallthethings
So again...which agency? The FBI? The FBI only conducts queries related to the cases it opens. It does not handle DACA.
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That's totally not true. It conducts queries related to any tip. It only OBTAINS data on cases it has open, which is a different thing.
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Those still go in a case file. They are called control files. It's all documented and traceable, and a list of names sent over by another agency without any allegation that any of them had engaged in criminal activity would not be a "tip."
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At least per Semiannual reports, they are not all audited. https://www.emptywheel.net/2017/11/30/hype-how-fbi-decided-searching-702-content-was-the-least-intrusive-means/ … Also, NCTC is doing back door searches now too, and not disclosing its USP impact.
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Even the example of that one child abuse search is one of inadequate record-keeping on these; they didn't catch it as a search w/o face-to-face questioning. And that was by an analyst.
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