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 …
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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.
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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.
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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.
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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
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Replying to @emptywheel
So when that dude says “record number”, he means partial or full denial of 59 in ‘17 vs. 26 in’16?
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How can you have a record number based off 2 years of one report and 40 years of an entirely different report? It is a record FOR THE LAST 2 YEARS. But we don't know if it's a record for 40 years.
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Replying to @emptywheel
Right, ridiculous. You know what they say, figures lie and liars figure.
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