Docket Inflation at the FISA Court?

Screen shot 2013-10-18 at 3.17.36 PMAs I noted in my last post, I’m a bit alarmed by the docket numbers we’re seeing out of the FISC court. The order released today appears to be the 158th docket for the year.

Compare that to the docket numbers from 2009, as revealed in the orders Reggie Walton issued while trying to clean up NSA’s act. His November 5, 2009 order appears to be just the 15th docket for the year, as compared to Mary McLaughlin’s October order being the 158th.

We’re running at 10 times the pace we were 4 years ago.

The thing is, while the comparison does make this year seem especially bad, it actually seems to be part of a longer trend. Here’s the numbers of NSLs and Section 215 orders the FISC has issued since 2005.

Screen shot 2013-10-18 at 4.17.42 PM

 

 

Before we knew how extensive the phone dragnet was, these numbers suggested some of the NSL production got moved into the secret interpretations of Section 215 after 2010 (which is about the same time Ron Wyden and Mark Udall got especially shrill about it).

While that may or may not explain the big jump between 2009 — when the Walton numbers are perfectly consistent — and 2011, it’s not the phone dragnet driving the numbers. That has only been responsible for something like 6 dockets in any given year, and more often just 4 (for example, even in 2009, the multiple iterations were just additional entries to the docket tied to that quarter’s order).

I thought, too, the Boston Marathon attack might explain higher numbers for this year. But we might even come in slightly lower than we did last year.

Which is another way of noting how deceitful these numbers are. Any single NSL could include more than one American. We know at least some of the Section 215 orders include every American.

So how many records might these entail of each one could represent every American?

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2 Responses to Docket Inflation at the FISA Court?

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Emptywheel Twitterverse
JimWhiteGNV .@AdamWeinstein That Rauf fellow sure gets around, doesn't he? https://t.co/UjM9fHPlyk
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emptywheel @timstarks In any case, a really helpful list, if it serves as catalog of yet more non-answer answers. Thanks. @LarryAkey
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emptywheel @timstarks No. But I think others did. Obviously Lynch's closest involvement w/215 directly would be FBI non-phone dragnet use @LarryAkey
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emptywheel @timstarks Ah thanks. Wasn't complaining, but that (I think) is one folks missed non-phone dragnet app for. @LarryAkey
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emptywheel Can just imagine 3rd time Balogna gets busted, only this time w/machine gun rather than pepper spray. "3rd time's a charm!" he might say.
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emptywheel Q: Did Tony Balogna (serial protest abuser) ever get fired? Or will he, too, soon be wielding a machine gun? http://t.co/v2V4aXUpKV
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JimWhiteGNV @laRosalind They should sue any anti-vaxxers who exposed them!
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emptywheel @flexlibris Awesome! Great news!
42mreplyretweetfavorite
emptywheel @timstarks Wasn't there one more discussion of 215? Was interesting bc it sounded like she was talking non-phone dragnet uses @LarryAkey
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emptywheel RT @LarryAkey: .@timstarks on where AG nominee #LorettaLynch stands on several natl security issues - http://t.co/BWb1uEyX18
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JimWhiteGNV Where IS Abdul Rauf Khadim and Whose Side IS He On? https://t.co/UjM9fHPlyk
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emptywheel RT @LarryAkey: Military admits #GTMO forcefeeding against international law & violates medical ethics, @JasonLeopold reports - http://t.co/
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