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Comment Several possibilities (Score 3, Insightful) 83

It's possible that the FBI served some middle managers with the NSL and forbade them from informing their superiors. Happens all the time with investigations. When I worked for Boeing, they were absolutely paranoid about employees being 'turned' by the feds to rat out unethical/illegal company practices. They had a corporate policy requiring any contact by gov't officials to be reported to management. But if the FBI letter says 'tell no one', the consequences could be a jail term vs just getting fired.

It's also possible that a fake NSL was served by agents working for some foreign security service posing as FBI*. A couple of fake badges and guns and I doubt many data center admins would question the order, let alone check on it's validity.

*Or actual FBI moonlighting for someone else. Everyone thinks Snowden was an anomaly. He was in that he went to the press with what he had. The revolving door between private company security and gov't TLAs is pretty busy. Its not unknown for some official to do a little 'research' for a future employer.

Comment Re:Executive Overreach (Score 1) 86

formal policy to follow federal law.

During the Bush administration, the posted regulation at the local Post Office permitted carry by those possessing a valid state CCW. Under the Obama administration, the signs were revised to restrict this to carry by 'officials'. Same law, different interpretations.

Comment Re:WTF? (Score 1) 86

entities that claim to be common carriers

Today, the FCC is claiming authority over my company. So I choose not to be a common carrier. Tomorrow, the FTC tries to regulate me. Now I'll be a common carrier.

Bullshit. It's not up to a company to pick and choose its regulatory environment. If it is doing common carrier stuff, the FCC should sent a letter saying, "You're fall under my jurisdiction." Don't want to be a common carrier? Then sell off those parts of your business that provide those services.

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