A Key Part of RuppRoge’s Fake Dragnet Fix Reform: Pay the Telecoms

Here’s an interesting “reform” in the RuppRoge’s Fake Dragnet Fix. It pays the telecoms.

COMPENSATION AND ASSISTANCE.–The Government shall compensate, at the prevailing rate, an electronic communications service provider for providing records in accordance with directives issued pursuant to [their bill].

Section 215 does not include such a payment provision. And while the first two phone dragnet orders included provision for such payments, that was probably illegal.

Don’t get me wrong. I’m sure the government has found some way to pay the telecoms, either through added payments for AT&T’s Hemisphere program or gifts in kind. (Though given the timing of DOJ’s suit against Sprint for over-billing, I do wonder whether the government is retaliating for something.) Telecoms don’t spy for free, so I’m sure they’ve been getting paid, illegally, for the last 8 years of dragnet spying they’ve been doing.

But the lack of such provision in Section 215 should have limited the scope of the dragnet. It should have required that requests be so narrow no telecom was going to send big bills to the government every month. And it presumably made the telecoms (well, except for AT&T, which never met a spying request it didn’t love) less willing to interpret orders from the government expansively.

The inclusion of such a compensation clause in the RuppRoge “reform” makes it even more likely this dragnet will expand with the now well-oiled willingness of the telecoms to go above and beyond the letter of the request.

Which is presumably just how the NSA wants it to be.

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4 Responses to A Key Part of RuppRoge’s Fake Dragnet Fix Reform: Pay the Telecoms

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emptywheel RT @NSA_PAO: Adm Rogers at #ISSAConf: "We've got to create a public and private partnership" to effectively address cyber threats. #cyberse
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bmaz @ScottGreenfield You need to ask?
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bmaz So, hell of a job Klain.
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bmaz So Klain takes over as Ebola Czar on about exactly the day all known US ebola patients being cleared and all potential exposures timing out.
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emptywheel Last state based off audit of 34/120 facilities in 1st year: remaining 9 must have been in 4-mo correction window.
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emptywheel DOJ IG reports on how well BOP meeting new rape prevention standards. http://t.co/QvDURmf3L1 Some prisons now meet, 3/25 do not.
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JimWhiteGNV Rory is so proud of her prize. The squirrel did eventually come down from the tree last night. http://t.co/mtZ4KdYpjB
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emptywheel @RupertStone83 Pretty sure THAT had to do w/how much they were getting from him. How well they were exploiting him.
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emptywheel @RupertStone83 I suspect HIG has greatest incentive to hide details of interrogations where they got most exploitation.
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emptywheel @TimothyS Surprised they just haven't renamed. I hear Blackwater is available.
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emptywheel Wondering whether Mike Rogers' public claims will be any less batshit after he no longer gets Gang of 4 briefings. http://t.co/qi2wDXQjpF
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emptywheel @RupertStone83 Details of Arbabsiar's are not. Tsarnaev we have timing of his interrogations. Warsame class, but think some journos know.
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