The FISA Court Accepted 9% Fewer Combined Applications Last Year https://www.emptywheel.net/2018/04/25/the-fisa-court-rejected-far-more-applications-last-year/ …pic.twitter.com/ZuaA19SU1a
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In 2016, FISC outright accepted 79% of "combined" applications (likely data at motion and at rest). In 2017, FISC outright accepted 70%. This likely means USG is using more invasive techniques requiring minimization/rejection of some selectors.
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I also think that the report as a whole suggests FBI may be doing some of this under other authorities (stay tuned for that argument after dinner).
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Wasn’t the acceptance rate more like 99% about 8 years ago? What happened since if so?
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Different measure. DOJ's numbers, which are highly misleading.
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Ahhhh thank you for clarifying. That’s a misconception I had since college.
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Does it necessarily mean they’re using more invasive techniques? Or could the FISC be reforming itself and denying applications without probable cause?
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FISC has never been as bad as portrayed. Similar numbers in the past have shown new techniques (we learned later). ANd there are only 10 more outright denials (a historically big number, but not the biggest change).
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Good to know
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Is there multi-admin stats like this that are public? Outright denial change suggests something like asks that are “too far” or loss of institutional knowledge with supervising attys was think.
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We can compare the DOJ numbers w/DOJ numbers to see how far out of line these are. THose will be out shortly.
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Awesome thank you
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