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by rsingel 4728 days ago
No, a judge does not see an individual request in a 702 order. This is the entire point of the 702 and PRISM -- NSA analysts no longer have to fill out paperwork to get data from Google/Facebook/Etc, so long as they are 51% sure the target is a foreigner. There is one court order per company per year. After that, it's "direct access" - e.g. analyst sends request directly to the company.
1 comments

First I've heard of this 51% thing. If it's true (and I don't doubt it) then the situation is even worse than I thought. Do you have a reference?
Sure, it's from the Washington Post's reporting: http://www.washingtonpost.com/wp-srv/special/politics/prism-...

Search for 51.

I see where it says in the caption "The supervisor must endorse the analyst's "reasonable belief," defined as 51 percent confidence, that the specified target is a foreign national who is overseas at the time of collection." But that's a caption written by the Post. What I don't see is any support for that statement in the actual slide itself, nor any of the other slides on that page.