Re: [PLUG] FBI cell analysis

[Rich Freeman via plug <plug@lists.phillylinux.org>]

On Mon, Oct 25, 2021 at 3:24 PM Keith C. Perry via plug
<plug@lists.phillylinux.org> wrote:
>
> I'm wondering what an analysis is of 18 USC § 2703 (aka "2703 orders") up against the 4th amendment would bare out now.

I think the reality is that use of this data falls into two categories:

1. Situations where a warrant is straightforward to obtain.  In these
situations, the 4th amendment is no barrier.
2. Situations where a warrant couldn't be obtained.  In these
situations they just get the data via NSLs or whatever, and then use
parallel construction to generate the case that gets presented in
court.  The surveillance is never even mentioned so it doesn't get
challenged in court.

>
> Carriers could simply choose to anonymize stored data

They could, but then the Feds/etc get upset with them.  Most likely
they are given a deal to make it worth their while.  Almost nobody
chooses a carrier based on their data retention policies, so there is
little benefit to them safeguarding privacy. Some do it on principle,
but they are regulated by the government and so being on good terms is
sound business practice for them.  The US government tends to exercise
a lot of enforcement discretion, and how much discretion you get often
depends on what kind of relationship you have.  If you address their
priorities, then they'll probably not bug you over the "small stuff."
Security is a huge priority to the Feds, so it is an easy way to gain
points at little cost to your business.

-- 
Rich
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