12 ms·
And I'll append an analysis which says that much more is needed because the new rule applies only to the Justice Dept, and the orders come from many places, inc
by forapurpose 9y ago
And I'll append an analysis which says that much more is needed because the new rule applies only to the Justice Dept, and the orders come from many places, including state and local governments:
https://www.justsecurity.org/46875/modernizing-ecpa-congressional-action-dojs-gag-order-guidelines/ https://www.justsecurity.org/46875/modernizing-ecpa-congress...
I'll add that a rule changed by the Justice Dept can be changed again. A law may be needed.
- itchyjunk 9y agoBoth good points. If I may ask, why is MS dropping the case if they had good points to make something come of it?
- deleted 9y ago[deleted]
- GCU-Empiricist 9y agoLikely because the government is a large enterprise customer who needs to not have a judicial precedent set. I.E. This seems a lawfare move to step back general gag use, so that they can step forward again in specific gag use, rather than risk losing and finding future gags severely restricted. Microsoft is being polite because sometimes it might be reasonable for government to gag a subpoena, without it being a national security issue.
- bskap 9y agoMicrosoft sued the Justice Department. I'm not a lawyer, but since the Justice Department is no longer doing this thing, they may not have any standing for the lawsuit. I don't think they can force the lawsuit through to get a decision since they're no longer being harmed by it. It wouldn't be the first time someone who thought they might lose backed down to avoid setting a precedent. Police departments did it with cases where people challenged the use of Stingrays, for example.
- lomnakkus 9y agoAs a non-USian, is the Homeland Security (Newspeak!) under the Justice Dept, at least?
- nerdponx 9y agoNo, it's an independent, top-level cabinet position. The departments of Homeland Security and Justice are "peers", if you will. I'm not sure it's entirely newspeak. If you look at the list of departments that were gathered together to form DHS [0], it does make some sense to have them all in the same organization. [0]: https://en.wikipedia.org/wiki/United_States_Department_of_Homeland_Security#History https://en.wikipedia.org/wiki/United_States_Department_of_Ho...
- forapurpose 9y agoThe word "homeland" is propaganda-ish. Other department names are simply descriptive, such as Treasury, State, Interior, Veterans Affairs, etc. If named normally, it would have been something like 'Domestic Security'..
- arca_vorago 9y agoPersonally I think the DoD should go back to it's original name, the department of war, and then homeland should take dod.