What is a "communication" (was Re: sorry, but ...

[Caspar Bowden (travelling)]

On 08/01/2012 02:04 PM, Roland Perry wrote:
> the next question is "which side of LINX have you placed the sniffer 
> box" - the UK side, or the leased line to the overseas peering partner.

Indeed

> For comparison, it looks like the NSA had to work much harder (up 
> until 9/11) to exclude *collection* of Americans' traffic (no doubt 
> using such stuff as geo-IP), because FISA promised protection by 
> nationality (but since Protect America 2007 and FISAAA 2008, the 
> doctrine of collect first, worry about who is American later, became 
> legitimized)
>
> How does that work for Americans living or travelling overseas?

There's been a colossal row about this for 4 or 5 years

http://www.blueoregon.com/2007/12/wyden-americans/

http://www.washingtonpost.com/wp-dyn/content/article/2008/07/08/AR2008070802587.html
(spot the analogies to Bassam letter and overlapping warrants)

note also "such warrantless monitoring is permitted under the original 
FISA so long as the collection is done overseas." - that's actually 
wrong, unless you interpret the corresponding wiggle room as expansively 
as that in RIPA, which is what Wyden was (and is) banging on about

chickens roosting here
http://www.latimes.com/news/opinion/editorials/la-ed-fisa-20120525,0,6268550.story


Caspar