On Saturday Richard A. Falkenrath, a former deputy homeland security adviser to President Bush, had an op-ed piece in The Washington Post defending the NSA's phone record database. Among other things, he asserted that the Electronic Communications Privacy Act (ECPA) "explicitly permits telecommunications companies to provide customer records to the government if the government asks for them." Not quite, as Orin Kerr notes over at the Volokh Conspiracy. The law actually prohibits a phone company from divulging customers' records to the government without their permission unless the government has a court order or subpoena. There's also an exception for investigations of telemarketing fraud requested by the phone company, but that is probably not what Falkenrath had in mind. "Falkenrath is just wrong about ECPA," Kerr concludes.
Nothing is more permanent than an “emergency” mandate.
Songs like "Gun Totin' Patriot" and "We Outside" might be ridiculous, Trump-worshiping schlock, but their embrace of controversial themes breathes some rebelliousness back into rap.
Plus: Facebook bans a New York Post story, Derek Chauvin's trial moves to closing arguments, and more...
Democrats, now in control of both chambers of Congress, say they will push ahead with marijuana reform with or without the support of the White House.
Joy Reid Said Vaccinated People Who Refuse To Wear Masks Are 'Irrational.' Fauci Didn't Correct Her.
Who's being irrationally paranoid?