"Get your facts first, and then you can distort them as much as you please." (Mark Twain)
Wednesday, January 25, 2006
[T]alk of changing the burden of proof from "probable cause" to "reasonable basis" is largely a red herring. The important thing that changed was that the NSA shifted from a position where they needed to convince a judge that they had probable cause to one where they had to decide for themselves that they had a reasonable basis for initiating some wiretapping. There's a world of difference between a self-enforced standard and an externally-enforced one.