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In theory, a NSL still requires a good faith belief by the issuing agency that the recipient possesses information relevant to a national security matter. That'
by nroach 11y ago
In theory, a NSL still requires a good faith belief by the issuing agency that the recipient possesses information relevant to a national security matter. That's not to say agencies couldn't use them maliciously, but it would require implying deliberate malice or deception on the part of the human agent who decided to issue the fraudulent NSL. Then again, any organization over a certain size is likely to have some conversation in their records that could be deemed nominally relevant.
- rdtsc 11y ago> would require implying deliberate malice or deception on the part of the human agent who decided to issue the fraudulent NSL Can be done by re-interpreting what is happening -- "we are not issuing bogus NSLs to troll them, we are fighting terrorism and these sites deliberately shelter and protect terrorists and other criminals. We want to periodically issue NSLs to establish protocols and methods so we can more effectively protect our country and do our work". So it has to be story which will look good on paper and workers will tell themselves without feeling like they are doing something illegal. Another way is to do it as a side-effect of something else -- say "we decided to double our efforts to track down drug dealers on these sites, therefore we'll put 2x more people on it and they will conduct research and open new cases and so on". So simply by allocating more resources to the "problem" they'll ensure any of these large sites will simply get a constant stream of NSLs without explictly writing that down as "we are busting the canaries" as a goal anywhere.