"If Congress won't write laws for this century's technology, courts must craft rules that ensure a fair and orderly review of new investigative methods. For exa

"If Congress won't write laws for this century's technology, courts must craft rules that ensure a fair and orderly review of new investigative methods. For example, the Foreign Intelligence Surveillance Court (which also confronts the tension between effective investigations and privacy) has a system for bringing in independent lawyers called "amici curiae" to argue novel or significant legal issues that occasionally arise when the government asks for technology-based surveillance orders. Those amici can argue in favor of the target's presumed privacy interests but don't represent him and can't give him information about the investigation. Magistrate judges occasionally do the same on an ad hoc basis, but in those cases the amici don't have the same access to information as is allowed in the FISA court, and, like the FISA amici, they can't appeal a lower-court ruling. Giving these independent lawyers the information they need to argue about the legality of novel law enforcement requests, as well as the right to appeal, would at least provide for a more balanced assessment of new surveillance technologies and a quicker way for questions about them to be decided on a national basis." Not making an analogy, totally different situation, but this reminded me of OUII staff attorneys in ITC patent cases. ITC decisions can have a broad effect on the public, on consumers, and the government can try to address this by naming a third party to the proceedings who is supposed to represent the public interest. "ITC's Office of Unfair Import investigation (OUII) may take part in an investigation. The OUII acts as a neutral party representing the public interest in the investigations. The OUII participates in the investigations through its staff attorneys, who file briefs, participate in discovery, offer opening statements, and examine witnesses, much like the private parties. The presence of the OUII in ITC investigations creates a unique dynamic when compared to federal district court litigation." https://www.venable.com/services/practices/section-337-investigations-at-the-international-tr https://www.venable.com/services/practices/section-337-inves... I guess the reason I thought of this is because according to this judge, privacy law is being made and AFAICT the public interest is not being represented in the process.