It also requires a judge who is willing to interpret the rule the way you want. Law doesn’t execute deterministically like code does.
It also requires a judge who is willing to interpret the rule the way you want. Law doesn’t execute deterministically like code does.
No that’s the whole point of this article. In this case, the private companies being summonsed are acting as both judges and data holders being summonsed. This doesn’t go to a judge to approve. So in this case, the point they’re making is most private companies just roll over at the sight of a summons, so the law absolutely executes deterministically (ok, not truly deterministic, but you’re relying on the judgement of private companies and their legal teams who don’t want that heat from the government, so, close enough).
“About a month after the judge’s ruling in late February, the government said it was withdrawing the request.
But officials hadn’t given up on getting the data.
Less than a month later, the DHS served Google with a different request for the YouTube information. This time, DHS utilized a different method that didn’t require approval from a judge, only a sign-off from a DHS official. It served Google an administrative summons citing an arcane provision of federal law – 19 USC 1509 – dealing with customs imports. The provision gives the DHS broad power to inspect records in order to determine whether duties and taxes are being correctly levied on imported items. It also instructed the recipients of the summons to keep it secret.”
With a gag order as a bonus! No judge required!
Keeping it secret isn't part of that law. And they don't have to turn over anything not relevant to the payment of duties and taxes.
So that also requires all judges who a case could be brought to about this, declaring that they don’t have jurisdiction. It’s still a choice made by the judges.
Granted someone does have to actually file a suit