January 22, 2018

DUDE, YOU JUST DEMONSTRATED IT'S INCIDENTAL:

Stop Calling It "Incidental" Collection of Americans' Emails: The Gov't's Renewed Surveillance Powers (Allyson Scher, January 22, 2018, LawFare)

We have been told that the acquisition of Americans' private communications through Section 702 program is "incidental" and that the law does not allow the government to "target" Americans' communications--but it's through the use of such language where the confusion begins. If anything, what the recent Section 702 debates reveal is that the FBI considers it vital to access Americans' communications that have been collected under Section 702 program at various stages of an investigation.

The scope of "incidental" collection is wide. The acquisition of American's communications occurs when Americans communicate with foreigners that are "targeted" under Section 702.

Here's an idea: don't befriend foreigners who are perceived as a threat to our security.  Or, if you absolutely feel compelled to truckle with them, don't incriminate yourself in the conversation.

Posted by at January 22, 2018 1:57 PM

  

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