"As you know, Section 215 authorities are not interpreted in the same way that grand jury subpoena authorities are, and we are concerned that when Justice Department officials suggest that the two authorities are 'analogous' they provide the public with a false understanding of how surveillance is interpreted in practice."
""It's quite unfortunate that your facts are so incorrect," Boyd told Al Jazeera English when asked about Wyden and Udall's comments. Boyd highlighted one provision of the Patriot Act in his response, Section 215. "Contrary to various claims in recent months and years, Section 215 is not a secret law, nor has it been implemented under secret legal opinions by"
Ron Wyden and Mark Udall challenged Justice Department characterizations of how the Patriot Act's 215 authority has been used to obtain business records and location data. They argued DOJ officials wrongly compared 215 authority to grand jury subpoenas, misleading the public because 215 can authorize collection without any connection to crime or suspicion. The senators stressed that 215 authorities are interpreted differently than grand jury subpoena authorities and warned that analogies create a false understanding of surveillance practice. They also objected to DOJ public statements that downplayed secrecy and legal interpretation concerns surrounding 215.
Read at Emptywheel
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