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Originally Posted by pghquest
Actually no, thats not how it works. A court order could be placed that would require the NSA to provide the information THEY HAVE..
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and they have to provide convincing evidence that the information would be beneficial. Until then, its still a fishing expedition. This case provides NO evidence that is convincing for the NSA to respond to such court order.
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There is no need to prove they have the data in order to request it.
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Yes, they have to.
A murder happened, and the police know that the victim was shot with a 9mm. They investigate and find out that an acquaintance of the murdered victim, owns a 9mm gun through gun registration records. The prosecutor then gets a court order/search warrant to search the acquaintance's home in search of this gun.
The police through investigation found out that: 1) the friend had a gun through gun records. 2) because of the gun records, able to get a court order/ search warrant to find said gun.
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Not sure where the hell you got that idea from but its ridiculous, the NSA isnt on trial.
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It doesn't matter if the NSA isn't on trial. They are an outside party that is being requested to turn over records for which the defendant doesn't know they have or not.
That's like the police relying on car registration records searching a person's home for a gun used in a murder, even though the person 1) never knew the murder victim 2) isn't registered as having a gun.
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