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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. Benjamin Wittes‏Verified account @benjaminwittes Jan 13

      Benjamin Wittes Retweeted Elizabeth Warren

      What do Elizabeth Warren and Donald Trump have in common? They both use surveillance that did not take place under Section 702 to argue against reauthorization of this critical national security authority—which has never been shown to be abused for domestic political spying.https://twitter.com/senwarren/status/952218106927222784 …

      Benjamin Wittes added,

      Elizabeth WarrenVerified account @SenWarren
      As we remember MLK Jr.’s legacy this weekend, we cannot forget that he was a victim of warrantless spying by the US government. The US has a long track record of secretly monitoring civil rights activists & others who dared to stand up for their rights. http://www.slate.com/articles/technology/future_tense/2016/01/what_the_fbi_s_surveillance_of_martin_luther_king_says_about_modern_spying.html …
      Show this thread
      62 replies 266 retweets 697 likes
      Show this thread
    2. southpaw‏ @nycsouthpaw Jan 13
      Replying to @benjaminwittes

      Section 202 of the Nunes bill opens 702 authority to broad new domestic areas of inquiry, and purports to give the AG *unreviewable authority* to direct the use of 702 evidence against US persons.pic.twitter.com/LM2SDFN02j

      15 replies 163 retweets 253 likes
    3. Good Germans‏ @bayofarizona Jan 14
      Replying to @nycsouthpaw @benjaminwittes

      So this is new authority? According to @AshaRangappa_ this is just a renewal of existing law

      1 reply 0 retweets 1 like
    4. Asha Rangappa‏Verified account @AshaRangappa_ Jan 14
      Replying to @bayofarizona @nycsouthpaw @benjaminwittes

      1. This actually limits the kinds of cases that 702 can be used to certain types of cases (right now, technically, it is not limited by statute, though the FBI has an internal policy).

      2 replies 10 retweets 22 likes
    5. Asha Rangappa‏Verified account @AshaRangappa_ Jan 14
      Replying to @AshaRangappa_ @bayofarizona and

      2. I read the AG determination differently. Say, for ex, the AG determines that it wants DOJ to use 702-derived info in Paul Manafort's prosecution. He is being prosecuted for financial crimes, which does not fit in the other categories. Still, the AG could determine that

      2 replies 4 retweets 13 likes
    6. Asha Rangappa‏Verified account @AshaRangappa_ Jan 14
      Replying to @AshaRangappa_ @bayofarizona and

      3. his prosecution affects, involves, or is related to national security because, well, he's a Russian spy and the financial crimes were part and parcel of his intelligence activities on their behalf. The no judicial review means he couldn't challenge the AG determination

      1 reply 4 retweets 15 likes
    7. Asha Rangappa‏Verified account @AshaRangappa_ Jan 14
      Replying to @AshaRangappa_ @bayofarizona and

      4. but I don't read it as suggesting that that determination would not need to be formally made/documented or that it could not be requested and reviewed by congressional oversight committees to make sure it's not being abused.

      2 replies 4 retweets 13 likes
    8. southpaw‏ @nycsouthpaw Jan 14
      Replying to @AshaRangappa_ @bayofarizona @benjaminwittes

      I read existing law as requiring FBI to maintain its rule (50 USC 1801, definition of “minimization procedures”) and placing the use of 702 info for prosecutions substantially under court supervision (50 USC 1881e/1806).

      1 reply 2 retweets 18 likes
    9. southpaw‏ @nycsouthpaw Jan 14
      Replying to @nycsouthpaw @AshaRangappa_ and

      The amendments, it seems to me, attempt to carve out a new space—enumerated criminal categories and AG’s broad discretion—where this info could be used against US persons without much ability for them to challenge it in court (an ability they previously had).

      2 replies 4 retweets 19 likes
    10. emptywheel‏ @emptywheel Jan 14
      Replying to @nycsouthpaw @AshaRangappa_ and

      It's not a new space. These same categories were adopted unilaterally in 2015. https://www.emptywheel.net/2015/11/05/kiddie-porn-computer-and-building-destruction-and-section-702/ … But we've subsequently learned that FISC lets NSA collect on domestic comms tied to location obscured techs.

      2 replies 1 retweet 4 likes
      emptywheel‏ @emptywheel Jan 14
      Replying to @emptywheel @nycsouthpaw and

      The big problem with the new unreviewable authority language (aside from giving an ardent racist too much power) is it carves out a great deal of domestic crime that all of a sudden is removed from normal court oversight.

      9:37 AM - 14 Jan 2018
      • 13 Retweets
      • 22 Likes
      • Red Isn't My Color Paul Telfer Kevin Wynn Wiss Adam Sherman Harrison Chas Hansen Liddle Lamzy Dive Steve Reed
      1 reply 13 retweets 22 likes
        1. New conversation
        2. emptywheel‏ @emptywheel Jan 14
          Replying to @emptywheel @nycsouthpaw and

          A Tor Dark Market spying bill would pass immediately. But that would mean its use would be reviewed by criminal courts, instead they're choosing to codify it here where there's no real review. A huge and dangerous assault on due process.

          1 reply 15 retweets 25 likes
        3. 1 more reply

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