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MrPlow writes:

Submitted via IRC for SoyCow1984

DOJ made secret arguments to break crypto, now ACLU wants to make them public

Earlier this year, a federal judge in Fresno, California, denied prosecutors' efforts to compel Facebook to help it wiretap Messenger voice calls. But the precise legal arguments that the government made, and that the judge ultimately rejected, are still sealed.

On Wednesday, the American Civil Liberties Union formally asked the judge to unseal court dockets and related rulings associated with this ongoing case involving alleged MS-13 gang members. ACLU lawyers argue that such a little-charted area of the law must be made public so that tech companies and the public can fully know what's going on. This element of the case began in August 2018, when an FBI special agent told the court in an affidavit that "there is no practical method available by which law enforcement can monitor these calls" between suspected MS-13 gangsters. Authorities already had traditional wiretaps and were able to intercept written messages between the defendants, who are now in custody.

While traditional telecom companies must give access to police under a 1990s-era law known as CALEA, Internet-based calls are exempt, despite the government's previous efforts to change the law. Prosecutors seemingly argued that Facebook nevertheless had to comply with the government's request. The judge reportedly denied the government's efforts during an August 14, 2018 hearing. In their new filing, ACLU lawyers pointed out that "neither the government's legal arguments nor the judge's legal basis for rejecting the government motion has ever been made public."

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