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 @onekade Witness the license database. Didn't you, uh, tell us it was still there? (Whatev. Go back to your hangover) @caidid
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emptywheel @onekade Sure. But your cop bullshitery monitor is so finely tuned, it usu precedes MSM outrage by months. @caidid
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emptywheel @caidid and yet ... no serious press is going "HOLYSHIT DID BRATTON REALLY SAY THAT?!?!"
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bmaz @Thomas_Drake1 @MarkSZaidEsq @JesselynRadack @emptywheel @BradMossEsq Haven't seen any defamation though.
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bmaz @Thomas_Drake1 @MarkSZaidEsq @JesselynRadack @emptywheel @BradMossEsq ...testimony about me. I can understand being touchy about it.
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bmaz @Thomas_Drake1 @MarkSZaidEsq @JesselynRadack @emptywheel @BradMossEsq It's raining in paradise. All day. I would not have wanted that....
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emptywheel @mollycrabapple Some angry FBI Agent somewhere, cursing, "Ill show that damned artist girl!!!!" [raises fist, searches another database]
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emptywheel @mollycrabapple Did they tell you at what rate they're adding pages? Or will you get deeper in a hole as they add 850 new pages each month?
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bmaz RT @PoliceLawProf: If you read nothing else today, read this: "No 'Officer Safety' Exception to the Constitution." http://t.co/rYG36wXdxu
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emptywheel @Krhawkins5 It was on CSPAN so the vid plus their close-cation is there. @astepanovich @jmhattem
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emptywheel @robertcaruso Mitt, un-not-running? Oh wait. That doesn't work.
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