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702 Reauthorization: The Anti-Leak Package

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emptywheel
The 702 reauthorization has what I consider an anti-leak package. It has some interesting features but I'm not convinced it will work as intended.
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Chuck Grassley Finally Shows Concern about Parallel Construction -- Affecting Trump

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emptywheel
After ignoring the issue of parallel construction as it affects less famous investigative targets, Chuck Grassley is now troubled that it is being used against Donald Trump.
[Photo: National Security Agency, Ft. Meade, MD via Wikimedia]

Five Reasons the 702 Reauthorization Transparency Provisions Are Bogus

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emptywheel
Once again, the transparency provisions in a surveillance bill don't do what they pretend to.
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The Reason Treasury Has Never Complied with Reagan's EO: Rampant Privacy Violations

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emptywheel
For years I've been pointing out that Treasury doesn't comply with EO 12333. BuzzFeed reveals that it has been engaged in rampant privacy violations.
[Photo: National Security Agency, Ft. Meade, MD via Wikimedia]

The Conflicting Homework Explanations in Three Kaspersky Stories

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emptywheel
The story about why the TAO employee brought files home only to have them get compromised by Kaspersky don't make sense.
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702 Reauthorization Bill: Why a Back Door Fix for Criminal Searches Is Meaningless

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emptywheel
Because of the way FBI uses assessments to decide whether someone might make a good foreign intelligence asset, the back door search fix is meaningless, because virtually any back door search can be deemed a foreign intelligence search.
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Section 702 Reauthorization Bill: The Very Narrowly Scoped Back Door Search Fix

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emptywheel
This is my second post on the draft House Judiciary Committee version of the Section 702 reauthorization. In this post, I'll look at how the bill tries to fix the back door search loophole. In two followup posts I'll explain why this fix is…
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Kaspersky and the Third Major Breach of NSA's Hacking Tools

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emptywheel
WSJ reports that an NSA contractor lost a bunch of NSA tools to Kaspersky by working on his home computer, which was running Kaspersky AV. That may explain how Kaspersky did such good work in its Equation Group white paper.
[Photo: National Security Agency, Ft. Meade, MD via Wikimedia]

702 Reauthorization Bill: The "About" Fix (What Is A Person?)

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emptywheel
Does the fix for "about" communications only solve traditional communications? And what is a person, anyway?
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Richard Burr Accuses the Obama Administration of Running Out the Clock on Election Interference

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emptywheel
Richard Burr is just one of two Gang of Eight members who didn't sign a letter last year warning about Russian attempts to tamper in the election. Yet he had the gall to suggest the Obama Administration ran out the clock on the issue.
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Richard Burr's Tacit Warning to Christopher Steele

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emptywheel
Commentators seem to think Richard Burr's comments on the Steele dossier suggest the committee hasn't validated the dossier. It seems more like a warning from Burr about how the committee will regard the credibility of the dossier if Steele doesn't cooperate.
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Mark Warner's Inconsistent Social Media Law-Mongering

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emptywheel
Somehow, in three weeks, we've gone from the claim that releasing Facebook ad data would require a probable cause search warrant to insisting such data should be released to the public with no legal process.
[graphic: Hurricane Maria, 20SEP2017, via NASA GOES]
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Three Things: Was Slow Response to Hurricane Maria Deliberate?

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Rayne
I can't help wonder why the post-hurricane response to Puerto Rico's devastation was so bad — so bad it looks deliberate.

Putin Discovers He Needs to Indict Another Russian Hacker

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emptywheel
Russia has taken to indicting Russians detained in third countries as a way to fight their extradition to the US. Why did it take so long to do so in the case of Pyotr Levashov?

In Praise of Day Two

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Quinn Norton
I know everybody is looking at that thing right now on social media. Hang back — don't tell me what's happening with the active shooter. Don't tell me about the flood in progress. I don't need to know about the skewed path of the car or the janky homemade bomb that might have gone off a thousand miles from me.
[Photo: Annie Spratt via Unsplash]

The Slow Death of Neoliberalism: Part 1

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Ed Walker
At least I hope that's what's happening.

Why Did Google Miss a Lot of Users Affected by FISA?

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emptywheel
With its new transparency report, Google has corrected -- almost entirely upwards -- the number of accounts affected by FISA collection. I suspect that's because of the uncertainty tied to the selectors tasked under both traditional FISA and, especially, Section 702.
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The Trump Trash Talking of Puerto Rico

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bmaz
This spot in our week here at Emptywheel is supposed to be a set aside for light hearted banter on sports, especially football and Formula One. That is what we have done since our beginning a decade ago. But I just cannot summon the enthusiasm for that right now.
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How Keith Gartenlaub Turned Child Porn into Foreign Intelligence

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emptywheel
There's a lot of circumstantial evidence that the government made sharing of child porn information obtained using FISA standard just so it could use it to prosecute Keith Gartenlaub.
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