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What is this aff and help with neg strat

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The plan: The United States federal government should curtail its domestic surveillance of stored electronic communication that is warrantless and unbound by mutual legal assistance treaties signed by the United States.

 
The plan strengthens warrant requirements and prevents domestic warrants from forcing companies to breach foreign law.

 

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The plan: The United States federal government should curtail its domestic surveillance of stored electronic communication that is warrantless and unbound by mutual legal assistance treaties signed by the United States.

 
The plan strengthens warrant requirements and prevents domestic warrants from forcing companies to breach foreign law.

 

 

Stored electronic communication = email

 

Warrantless = Third Party Doctrine - email servers hold the information and aren't in your home (generally), so the government doesn't need a warrant to get it from the server host.

 

Unbound by mutual legal assistance treaties  = ?  I'm not totally sure what this is referring to, as even US citizens have minimal protections from Third Party Doctrine peeking.  An appropriate party just has to sign off on an administrative subpoena.  (How binding on the data-holder that is depends on what kind of administrative subpoena is used).  Presumably some treaties obligate us to uphold the other signatories domestic legal protections when dealing with their citizens?  Idk, i'd need to specifically see evidence on this.

 

It wants to be a generalized NSL case.  There are significant plan construction problems, though.  For example, they never say how they provide protections.  Plan doesn't actually strengthen warrant requirements, it just says the US "should curtail".  (Plans are not resolutions! They need to specify an action or actions taken!)  And this plan text could really be cleaned up by doing so: Plan - The USFG will enact legislation which requires a warrant for all electronic communications held by a third party.  Specific, to the point, and does everything they seem to want to do.  (I'm not actually sure it has inherency though - I'm pretty sure e-mail is presumed private and thus requires a warrant).

 

BTW, I'm getting really annoyed at the complete failure of 90% of case plans to fail in their prima facia obligation to say what they are doing.  Maybe i should just start dropping teams for their plans not being plans.  (Sadly, opponents really should be running pspec against such nonsense.  I really don't want to hear more pspec, but i'd rather hear pspec than let teams get away with this bs).

 

Edit: cleaned up my suggested plan text to eliminate "should" and use specific active verbiage.

Edited by Squirrelloid
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Here is the wiki of this aff: http://hspolicy.debatecoaches.org/West+Bloomfield/Zhang-Barlow+Aff

Thanks Squirrelloid! Should I actually call them out in-round/run PSPEC?

 

I'd certainly run pspec.  It's like 30s-1min for a decent pspec shell, and like T, carries Fairness and Education voters.  And in this case they're flagrantly violating.

Edit: from their plan - the treaty obligations are from the MLAT card.  That's Solove 2015.  I'd check that out to see what kind of distinction they're trying to draw.  (Their plan wording makes the use ambiguous, but what they seem to be saying in their case is that use of Third Party Doctrine is violating these MLATs).

 

Probably want to read the Krebs 13 card (1st card) to see how good their inherency is and what exactly they're talking about.  I know in other situations they have used warrants to access e-mails - see the Lavabit case.  If they (the FBI) didn't believe they needed a warrant, they wouldn't have gotten one.

Edited by Squirrelloid

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