For those interested, I highly recommend The Lawfare podcast episodes wherein "Members of the Privacy and Civil Liberties Oversight Board discuss their recent report on FISA Sec. 702."
I'll also recommend the latest episode (#242) of the National Security Law Podcast, which included a spirited discussion about 702's Constitutionality w.r.t. querying already-collected metadata of Americans.
> “There are some red lines. And one of those red lines is the operationally unworkable and fundamentally inept requirement to go to a court before accessing already lawfully collected information…
What a pathetic attempt at weasel language. Are they saying it would be better to make collecting it in the first place illegal? Great suggestion!
They continue:
> "This is something we think is both the wrong fit for what we’re doing, and operationally unworkable,”
That is the point - They've been caught doing things they shouldn't be, so this bill makes being naughty "operationally unworkable".
> “For us, it remains a red line not to have to go to a court and lose the operational window to stop an assassination attempt to prevent ransomware, to stop a senior government official’s email account from being hacked.”
At this point these powers in hands that have proven themselves to be untrustworthy are scarier than any bogeyman they could conjure. Try again.
Funny how I can't get lawfully collected bodycam recordings (public domain in my state) without mass redactions trying to hide the police officer's incompetence.
I think so much illegal surveillance has been outsourced to the somewhat-private sector, which is so widely abused, that the only obstacle is a plausible explanation that the information could have been obtained lawfully. All disappointing but not shocking.
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[ 2.9 ms ] story [ 23.6 ms ] threadhttps://www.lawfaremedia.org/article/the-lawfare-podcast-par...
Direct link to the PCLOB report: https://s3.documentcloud.org/documents/23993279/2023-pclob-7...
https://www.nationalsecuritylawpodcast.com/episode-242-a-rul...
What a pathetic attempt at weasel language. Are they saying it would be better to make collecting it in the first place illegal? Great suggestion!
They continue:
> "This is something we think is both the wrong fit for what we’re doing, and operationally unworkable,”
That is the point - They've been caught doing things they shouldn't be, so this bill makes being naughty "operationally unworkable".
> “For us, it remains a red line not to have to go to a court and lose the operational window to stop an assassination attempt to prevent ransomware, to stop a senior government official’s email account from being hacked.”
At this point these powers in hands that have proven themselves to be untrustworthy are scarier than any bogeyman they could conjure. Try again.
Lawmakers are keeping the warrant requirement. It's the administration pushing back.
”During the 25 years from 1979 to 2004, 18,742 warrants were granted, while only four were rejected.”
https://en.m.wikipedia.org/wiki/United_States_Foreign_Intell...
And IMO that chilling effect is exactly the first step that we need. That keeps the worst of the worst from even making it across the line.
Now, there's a lot more that we also need, but this is a necessary first step.