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HSC Programs transitioned to a new medical provider for 2018. HSC departments should be using the latest version of the HSC Freeze Form that was made available in December 2017.Norman departments should be using the electronic Norman Freeze Form that was made available in July 2017.I think there’s some merit to the latter claim, but I’m going to bracket it for my discussion, both because I think the FISA issues would remain important even if the government’s case on the child porn charge were far stronger than it is, and because I think the government may be sitting on potentially inculpatory evidence.In this post, I’m going to show that it is almost certain that the government changed FISA minimization procedures to facilitate using FISA to prosecute him for child porn.As I mentioned in this post on FISA and the space-time continuum, I’m going to be focusing closely on the FISA implications of Keith Gartenlaub’s child porn prosecution.
The agents apparently relied on the following argument: To determine whether Gartenlaub’s computers contained foreign intelligence information, it was necessary to open and review every file; after all, a foreign spy might cleverly conceal such information in files with sex-themed names or in other non-obvious locations.
The public timeline around the case looks like this (and as I said, I believe the government is hiding some bits): Around January 28, 2013: Agent Wesley Harris reads article that leads him to start searching for Chinese spies at Boeing February 7, 8, and 22, 2013: Harris interviews Gartenlaub June 18, 2013: Agent Harris obtains search warrant for Gartenlaub and his wife, Tess Yi’s, Google and Yahoo accounts Unknown date: Harris obtains a FISA order January 29, 2014: Using FISA physical search order, FBI searches Gartenlaub’s home, images three hard drives June 3, 2014: Harris sends files to National Center for Missing and Exploited Children, which confirms some files display known victims August 22, 2014: Criminal search warrant obtained for Gartenlaub’s premises August 27, 2014: FBI searches Gartenlaub’s properties, seizing computers used as evidence in trial, arrests him August 29, 2014: Government reportedly says it will dismiss charges if Gartenlaub will cooperate on spying October 23, 2014: Grand jury indicts December 10, 2015: Guilty verdict As you can see from the timeline, the government first obtained a criminal search warrant for access to Gartenlaub and his wife’s email accounts (Gartenlaub also got an 1806 notice, meaning they used a FISA wiretap on him at some point).
Only after that did they execute a FISA physical search order to search his house and image his computers. 2011) (noting that representations and certifications in FISA application should be “presumed valid”).
That’s surely true; it presumably explains what was so interesting about Yi’s family and associates in China as to sustain suspicion that they would be soliciting Boeing technology. “In borderline cases, preference will be accorded to warrants and to the decision of the magistrate issuing it.” United States v. And, of course, the government argues that even if it didn’t meet the standards required under FISA, it still operated in good faith. The order authorizing the January 2014 search of Gartenlaub’s home and computers presumably complied with this restriction. §§ 1801(e) and 1821(1)) does not include child pornography.
In any case, in a filing in which the government admits that “the [District] court expressed ‘some personal questions regarding the propriety of the FISA court proceeding even though that certainly seems to be legally authorized’,” the government pushed the Ninth Circuit to adopt a deferential standard on probable cause for FISA orders, in which only clear error can overturn the probable cause standard. Nevertheless, having read Gartenlaub’s email for months and presumably having had the opportunity to obtain a warrant to search his computers for those specific crimes, the government instead obtained a FISA order that allowed the FBI to search his devices far more broadly, opening up decades old files named with sexually explicit names in the guise of finding intelligence on stealing Boeing’s secrets. “Foreign intelligence information” (defined at 50 U. Nonetheless, as detailed in the government’s application for the August 2014 search warrant, the agents imaged Gartenlaub’s computers in their entirety, reviewed every file, and–upon discovering that some of the files contained possible child pornography–subjected those and related files to detailed scrutiny, including sending them to the National Center for Exploited Children for analysis. In an effort to establish that Gartenlaub had downloaded the child pornography, the agents also examined and analyzed a number of other files on the computers, none of which had anything to do with “foreign intelligence information.” ER255-62, 268-70.