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This is bad reporting. Zack is comparing apples to oranges; we don't have data reported using the same standard for the 40 year history. PLEASE STOP MAKING THIS ERROR, people. https://twitter.com/zackwhittaker/status/989231120410726400 …
PSA, and not for the first time: In 2015, Congress passed USA Freedom Act. It imposed a new reporting requirement on FISC, which is what today's report is. FISC uses a more useful measure of approvals than the DOJ report (which is the ONLY report we have for all 40 years) does.
It's certainly POSSIBLE that FISC rejected more requests than any other year (we know it outright rejected more than 2016, bc we have the data to compare apples to apples). But it's equally possible that it rejected as may requests in another year.
So: you can make historical comparisons using DOJ report (which isn't out for this year yet). It'll prolly show zero rejections as it always does. OR, you can show a comparison w/ONLY 2016, only year for which we have same data.
My posts on the report: 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/sZUfTaU31H
In 2017, the Government Withdrew Three FISA Collection Requests Rather than Face an Amicus Review https://www.emptywheel.net/2018/04/26/in-2017-the-government-withdrew-three-fisa-collection-requests-rather-than-face-an-amicus-review/ …
Could you explain? His article did not seem to be that clearly incorrect to me. What am I missing?
As I said, he's comparing data reported under one standard for last year (it also exists for 2015) with data reported under a very different standard for the last 40 years. Totally invalid comparison.
And yet a million people tweeted the story. Depressing. But, shows the importance of maintaining standards, especially at widely read news orgs like ZDNet
It doesn't help that it hasn't been corrected...
That’s a good thing??
Could any of this reflect people that in prior administrations who would have been contrained by the ethic of the leaders who now feel emboldened by Trump's lack of ethics?
Good catch. Reminds me of when ben shapiro uses old data and definitions to compare with modern data and definition only to cherry pick the result that favors his political leanings.
Ignore my tweet. I stupidly missed your explanation. Apologies.
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