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You wrote: "the stuff that would have been captured by a pen register decades ago" Yes, but pen registers (as noted in Judge Leon's opinion today) were differe
by declan 13y ago
You wrote: "the stuff that would have been captured by a pen register decades ago"
Yes, but pen registers (as noted in Judge Leon's opinion today) were different: they lasted a few days and were targeted at an individual. Neither case holds for bulk NSA surveillance that lasts indefinitely and vacuums up billions of records.
- dalke 13y agoIn addition, the opinion points out that the "Supreme Court itself has long-recognized a meaningful difference between cases in which a third party collects information and then turns it over to law enforcement ... and cases in which the government an the third party create a formalized policy under which the service provider collects information for law enforcement purposes. ... It's one thing to say that people expect phone companies to occasionally provide information to law enforcement; it is quite another to suggest that our citizens expect all phone companies to operate what is effectively a joint intelligence-gathering operation with the Government." All of pp 47-56 are used to contrast "the stuff that would have been captured by a pen register decades ago" with what the NSA does now.