Rosencrantz and Guildenstern Visit Pee-Clob

The first panel of an all-day Privacy and Civil Liberties Oversight Board hearing on Section 702 of FISA just finished.

It featured NSA General Counsel Raj De, ODNI General Counsel Robert Litt, Deputy AAG for National Security Brad Weigmann, and FBI General Counsel James Baker.

While there were a number of interesting disclosures — which I’ll get at in the future — the most striking aspect of the hearing was the tooth-pulling effort to get the panel to define the terms they use.

There were a slew of terms defined, among others including “minimization,” “bulk collection,” “PRISM,”

But the most interesting redefinitions were for “purge” and “search.”

After much tooth-pulling, James Dempsey got De to admit that NSA’s definition of the word “search” is different from the one used in the Fourth Amendment. Actually, that may not be entirely true: Sometimes the actual collection of data counts as a search, sometimes only the querying of it does. NSA gets to decide which is which, best as I can tell, in secret or in legal filings where it will serve to deprive someone of standing.

Then there’s “purge,” which I can’t hear anymore without seeing a pink speech bubble and scare quotes surrounding the word. Purge does not mean — as you might expect — “destroy.” Rather, it means only “remove from NSA systems in such a way that it cannot be used.” Which, best as I understand it, means they’re not actually destroying this data.

I do hope EFF figures that out before they argue the protection order for Section 215 today, as on those terms it seems increasingly clear NSA is not complying with the Jewel protection order.

“Purge.” To keep. Somewhere else.

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9 Responses to Rosencrantz and Guildenstern Visit Pee-Clob

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emptywheel @gregorydjohnsen No but don't they consider that notice to Congress "good enough"?
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emptywheel @B_Amer Forgot you had taken some. Hope all is going well. Does the young one start school this week? Or did she? @alreinke
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emptywheel RT @ClipperChip: Seventeen mysterious cellphone towers that attack cellphones via baseband to eavesdrop traffic found in the US http://t.co
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bmaz RT @cody_k: Gotta love dolts that come around sticking Smith v. Maryland in my face like I couldn't possibly have ever seen it in this nat…
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bmaz RT @MiroCollas: Cat entertains himself with head-mounted laser pointer. http://t.co/GW5CFZllhB LMAO! Evil!!
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bmaz @cody_k Kind of surprised it took Cesca 17 hours to hop on that. He's slipping!
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bmaz RT @cody_k: Right on cue... here comes govt leak prosecutor @bobcesca_go to the rescue. @cenkuygur
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bmaz @NSCPress @JasonLeopold I ask again: When is 60 days up on a continuously rolling and evolving set of WPR "Notifications" for same conflict?
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bmaz @VBalasubramani I knew there would be negative effects from the legalization of pot up there!
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bmaz @JamesFallows His strokes would still be all time world class great. But he would be pretty annoying.
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JimWhiteGNV @litbrit What I found on those McCain pics: http://t.co/hO60jHA93E
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bmaz @pbump Gotta say, between those and the Reefer Madness type of drug videos, it was hard to take growing up seriously.
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