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.

Tweet about this on Twitter0Share on Reddit0Share on Facebook0Google+0Email to someone

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

  • 1
  • 2
  • 3
  • 4
Emptywheel Twitterverse
bmaz @JoshMBlackman @RMFifthCircuit @lmbrownlee1 Josh, I suggest a duel with 3D printed guns.
12mreplyretweetfavorite
bmaz @theurbansherpa Multitasking!
1hreplyretweetfavorite
bmaz Really, kind of crude and lumbering in a very disappointing way. Meh.
8hreplyretweetfavorite
bmaz Current status: Test driving a Maserati Quattroporte around the Camelback foothills. Gotta say, it is nice, but not all that impressive.
8hreplyretweetfavorite
JimWhiteGNV Aaron Neville is a terrific singer, but he's remarkably awkward on stage. Can't dance.
8hreplyretweetfavorite
JimWhiteGNV Take us ther, Mavis! http://t.co/O6mARtIzrt
9hreplyretweetfavorite
bmaz @armandodkos ....but then I spent pretty much rest of day in the courthouse and away from anything more. Berman's decision spot on though.
10hreplyretweetfavorite
bmaz @armandodkos Not really. I did this https://t.co/s5jt1B0rID which was, mostly prepackaged w/some quick takes inserted early yesterday....
10hreplyretweetfavorite
bmaz @MasaccioEW Somewhat ironically, think she literally has been a reporter here for about ten days or something; came from, I think, Miami.
10hreplyretweetfavorite
JimWhiteGNV Wow. Over an hour in heat and humidity and Mavis Staples is still belting it. She's 76, y'all.
10hreplyretweetfavorite
JimWhiteGNV Marching the Freedom Highway with Mavis Staples. Wow!
10hreplyretweetfavorite
emptywheel @pourmecoffee He's taking pics this year, too! Was hoping the rise of @JohnDingell Twitter would push @ChuckGrassley to up his game.
10hreplyretweetfavorite
March 2014
S M T W T F S
« Feb   Apr »
 1
2345678
9101112131415
16171819202122
23242526272829
3031