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 Twitterverse
bmaz @MikeW_CA I am so old that I remember when there were code words used to describe her. And all knew she was a fuck up even then.
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emptywheel @jaazee1 Ah, OK. Thanks. @OKnox
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JimWhiteGNV Save us Dennis Rodman!
47mreplyretweetfavorite
emptywheel Also, one should ASSUME all pseudnyms are fake since so many people who were previously public (Mitchell, Jessen, Fredman, McPherson) hidden
1hreplyretweetfavorite
bmaz So, aiders, abetters, suborners of perjury like Clapper willfully and wantonly roam free while @JamesRisen is still under the gun? Bullshit!
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emptywheel @joshgerstein Brennan's role at head of TTIC. Also not covert.
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bmaz Honestly, if we are still playing craven mind games over Alfreda Frances Bikowsky's name, then America is dumber than advertised.
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emptywheel @joshgerstein Also gonna write some abt Jonathan Fredman, also not covert.
1hreplyretweetfavorite
emptywheel @joshgerstein Except that her ID has been released years ago, and she's not covert. Hell, CIA's not even defacing her Wiki.
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emptywheel Wondering if Kim Jong IL and Un weren't easily turned into Hollywood caricatures of Asians movies would keep going after them?
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emptywheel Bikowsky prolly single biggest reason for way CIA demanded SSCI redact names. To prevent lawsuit, knowing ALL she's done, & of her promotion
2hreplyretweetfavorite
JimWhiteGNV Does Newt Gingrich remember where he was when he first learned we had lost our first cyberwar?
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