Confirmed: The FISA Court Is Less of a Rubber Stamp than Title III Courts

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emptywheel
In 2016, FISC denied .5% of all domestic warrant requests. Title III courts denied just .06%.

NSA's Unsatisfying Response to Rosemary Collyer's "Lack of Candor" Accusations

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emptywheel
The NSA denied Rosemary Collyer's accusation that it has an institutional lack of candor. If that's the case, then we're left with two years of spying on Americans that should have been avoided.

The FBI's Standards for Ingesting Raw 702 Data

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emptywheel
In a rare FBI appearance at a 702 hearing, FBI's EAD for NSD, Carl Ghattas explained precisely what the standard is for obtaining raw data: a full investigation.

The Willful FBI 702 Violation No One Admitted

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emptywheel
Witnesses discussing 702 like to pretend there have been no willful violations of Section 702. I don't think they can make that claim anymore.

USA Freedom Act Booster Misses Opportunity to Note FISC Blew off USAF

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emptywheel
In a Section 702 hearing today, the Brennan Center's Liza Goitein tacitly sanctioned Rosemary Collyer's decision to expand back door searches to content she knew could include entirely domestic communications without appointing an amicus.

In Defense of [Gulp] Mike Pompeo

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emptywheel
I'm no fan of Mike Pompeo. But I think criticisms of his comments about Putin in the Hugh Hewitt interview are misplaced.

Are Trump's Associates Forgoing Lawyers because They Expect Pardons?

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emptywheel
Did Trump associates interview with the FBI without lawyers because they're arrogant or because they're expecting pardons?

Obama Worried Trump Would Warn the Russians about Their Compounds ... Did They?

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emptywheel
In May, we learned Obama officials worried Trump officials might warn Russia their compounds were about to be raided. Today, CBS provides details that suggest that may have happened.

The Complexities of Reality Winner's Case

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emptywheel
The government claims to have collected classified information beyond the document that Reality Winner leaked to The Intercept as part of its investigation.
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The Compartments in WaPo's Russian Hack Magnum Opus

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emptywheel
I'm as fascinated by the compartments described and silences in WaPo's grand opus on the Russian hack as I am by the abundant new details provided.

In Opinion Mostly Rejecting Jeffrey Sterling Appeal, Fourth Circuit Criminalizes Unclassified Tips

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emptywheel
It's bad enough that the Fourth Circuit just upheld most of Jeffrey Sterling's convictions. But they did so in really troubling fashion.
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Penetrated: Today's Senate Intelligence Committee Hearing on Russian Interference in the 2016 U.S. Elections

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Rayne
Nothing in today's Senate Intelligence Committee's hearing nor the House Intelligence Committee hearing changed the fact the U.S. election system was penetrated last year. We should be very concerned.

The Suspected Assasination of Gareth Williams and Shadow Brokers' Focus on SWIFT

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emptywheel
The inclusion of Gareth Williams among those deaths that US and UK spooks believe was a Russian assassination has interesting implications for Shadow Brokers' focus on SWIFT.
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The [Publicly] Unanswered John Bates Question about How You Define an Active User of a Targeted Facility

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emptywheel
It turns out John Bates had the same questions about how an "active user" gets defined for upstream surveillance. But we don't know what kind of answers he got to those questions.

In 2010, the Government Tried to Use Section 702 against US Persons

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emptywheel
Back in 2010, the government asked to use Section 702 against US persons. The FISA Court backed them down off that request. Then, six months later, the government admitted it had been collecting US person communications all along.
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The Outdated XP Testimony on WannaCry to Congress

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emptywheel
Why are witnesses to Congress suggesting that Windows' most outdated systems were the biggest victims of WannaCry?

Theory and the Left

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Ed Walker
Is theory valuable in actual practice?

A Touch To Much Of DOJ Politicization: Rosenstein Above Brand

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bmaz
I have been somewhat beyond stunned at the Emm Ess Emm rich to yammer and bloviate about the necessity of Rod Rosenstein to "recuse" because he is "conflicted". It is a stupid load of nonsense. First off, the discussion appears to be lead…

Wyden to Coats: Admit You Know NSA Is Collecting Domestic Communications under 702

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emptywheel
Ron Wyden is trying to get Dan Coats to admit that he knows the government is collecting domestic communications under Section 702.
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Garden of Fallen Leaders

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Ed Walker
What should we do with the monuments to those who fought for and led the Confederacy/