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Can the Government Use FISA to Get Evidence of Past Criminal Activities?

A terror support case due to start in NYC in December seems to present some interesting questions about the use of EO 12333 and FISA evidence. Ahmed Mohammed El Gammal was arrested last year on charges...

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Yahoo to Clapper: Global, Global, Beyond our Borders, Global

I joked when Yahoo first released its letter to James Clapper the other day, asking that he release details about the 2015 scan first revealed by Reuters. It has the tone of a young woman who is...

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In Spying, “Things like phone numbers or emails” Turn Out to Be Far More

According to Reuters, the Intelligence Community doesn’t intend to share any details of the Yahoo scan revealed several weeks back with anyone outside of the FISA oversight committees — the House and...

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Europe Gets Impatient for Yahoo Answers

As I’ve noted, James Clapper’s office has been irresponsibly silent about what kind of scan FBI asked Yahoo to subject all of its email users to in 2015. And those in Congress who haven’t been briefed...

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On Trump’s Impenetrable Cyber Security Unit to Guard Election Hacking

Man oh man did Vladimir Putin hand Trump his ass in their meeting the other day. While most the focus has been on Trump’s apparent refusal to confront Putin on the election hack (which Trump is now...

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Reality Winner Claims NSA’s Collection on Russians Had Already Been Compromised

I guess today is Reality Winner day. As Trevor Timm describes, Winner is trying to get comments she made in an interview with the FBI thrown out, arguing she was for legal purposes in custody yet did...

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Did FBI Plan Russia’s Fire Sale in San Francisco for a Specific Reason?

You’ve no doubt seen pictures of the black smoke rising above Russia’s consulate yesterday, an apparently sour-smelling smoke on a day of record heat in San Francisco. A facility ordered to close in DC...

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On 702, NSA Wants to Assure You You’re Not a Target Target Target Target...

NSA just released a touchy-feely Q&A, complete with a touchy-feely image of the NSA, explaining “the Impact of Section 702 on the Typical American.” I shall now shred it. First note that this...

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A Dragnet of emptywheel’s Most Important Posts on Surveillance, 2007 to 2017

Happy Birthday to me! To us! To the emptywheel community! On December 3, 2007, emptywheel first posted as a distinct website. That makes us, me, we, ten this week. To celebrate, the emptywheel team has...

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On Jim Baker’s Non-Prosecution for Leaking

The WaPo provides details on something that right wing propagandists had used to slam FBI General Counsel Jim Baker (who, the article notes, is being reassigned within FBI). The leak investigation into...

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How the Concord Management Prosecution Fell Apart

The frothy right and anti-Trump left both politicized DOJ’s decision to dismiss the single count of conspiracy charged against Concord Management and Concord Catering in the Russian troll indictment...

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