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 Twitterverse
emptywheel @shu_steve And starve...
37mreplyretweetfavorite
emptywheel @joepabike I was sort of curious which would exhibit enough human competence to best the other.
37mreplyretweetfavorite
emptywheel @AngelaMilanese And wouldn't that make great TV, in a way?
43mreplyretweetfavorite
emptywheel Wonder what would happen if you had a reality show w/Sepp Blatter and Roger Goodell trying to stay alive by themselves on desert island?
46mreplyretweetfavorite
emptywheel Kind of surprising no one has asked Tammy Duckworth about McConnell (and Mark Kirk) playing chicken with phone dragnet.
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bmaz @DickCheneyFacts @JesselynRadack @JohnKiriakou Uh, you might talk to David Passaro about that statement.
3hreplyretweetfavorite
bmaz RT @deray: An NBA Player Is Missing the Playoffs Because the NYPD Broke His Leg—Why the Sports-Media Silence? http://t.co/gmjW0rwoKq
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JimWhiteGNV RT @GatorZoneBB: Peter Alonso gives the #Gators a 2-0 lead in the 1st with a 2-out RBI single to bring home Buddy Reed
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JimWhiteGNV RT @GatorZoneBB: Harrison Bader leads off with a home run - No. 13 for Bader - 1-0 #Gators
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emptywheel @weems So I suspect one goal of this--in both USAF and Burr's bill--is to make it easier to get if/when it's in the cloud.
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emptywheel @weems One likely explanation for Comey's whining about encryption is that iMessage and FaceTime bypass any potential telecom collection.
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