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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JimWhiteGNV RT @RaysBaseball: Twelfth inning. Time for ice cream, obviously. http://t.co/VsFMJqOWvz
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bmaz @RPullen @stephenlemons @Steve_Irvin That is pretty much an incoherent response. But whatever.
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emptywheel @pastordan REALLY not a fireworks fan, especially living in place where everyone sets them off. Was interesting learning abt buying process
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emptywheel I also managed to buy most of the beer left in the little convenience store still open, so I traded beer for lessons in fireworks.
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emptywheel Fourth of July trivia: I got stuck sleeping on the floor of Nagoya airport w/one of the main fireworks buyers from the NE once.
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emptywheel RT @WarOnTheRocks: How China can use the #OPMhack data to identify undercover intelligence officers http://t.co/7t2kKtRX9e
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bmaz @RPullen @stephenlemons @Steve_Irvin When an arbitrary, by all appearances racist, "umpire" calls anything, it is total laughable bullshit.
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emptywheel @billmon1 Also, American hubris says we'll never get in a dogfight with another industrial policy, all the contrary evidence notwithstanding
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emptywheel @billmon1 It helps if you think of it as an industrial policy instead. Pilots aren't encouraged to turn their head in industrial policies.
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emptywheel @billmon1 Fred: It doesn't much matter because USG will keep paying Lockheed no matter what we do.
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emptywheel @ZaidJilani Means you have to play the license plate game all summer.
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