And those are very difficult and challenging things. Its not a large solution to every piece of it. They want to continue to address some of the challenges. I think theres more to be done there. Moving to a different servicer affords a different opportunity and some other tools to be able to move it. There is work to be done there, and nsi extension was certainly part of that, the neighborhood stabilization. And i think its also about treating different buckets of delinquent loans even differently. Selling off decent condition notes is very different than selling a bunch of vacants. We havent seen real different treatment from the bulk sales programs. Going forward, maybe we do trstop that a little bit more. If your fha and servicers cant, or you dont want to do principal reduction, there is this idea that the note buyers getting a discount will be in a better position than economically incentive to do principal reduction. But right now we dont have a requirement that they do that. Sim
Protected material theres also, frankly, some law that points to things called administrative searches that might be seen as validation of the secs position. If i were to judge it, i would probably say come down against it, but nobody makes a lot of money predicting the Supreme Court. Could it withstand the Fourth Amendment challenge in the courts do you think . I would say no. Thank you so much. Thank you, mr. Chairman. Thank you, mr. Conyers. The chair recognizes the man from wisconsin for five minutes. Thank you. In the case of 2010 the sixth Circuit Court ruled that americas emails is protected by the Fourth Amendment. I agree with that holding. Since that decision, the sec has been unable to subpoena email content from Service Providers. Now mr. Cresny, i read your testimony and did you write it in 2009 . No, i wrote it okay, thank you very much. Now if the sec cannot currently subpoena email content from Service Providers, is it truthful to testify that if hr699 becomes law the s
Would be to fortify the protections, the Privacy Protections for americans in the law but the law has evolved and exactly the opposite direction and indeed since 9 11 there has been a sea change in the law. If you back up a few decades following the church committees revelations in 1970s there was a series of laws and policies put in place that establish a kind of golden rule. Intelligence agencies could not collect information on americans from within the United States without some individualized factbased suspicion of wrongdoing. Now the purpose and the effect of this rule was to constrain the abuses that had come before it. In the past 14 years a cardinal principle has been utterly jettisoned from the law. So lets talk about the three legal authorities that we know of under which mass surveillance is currently occurring. The first is section 215 of the patriot act. This is the provision that allows the government to get a fisa court order Compelling Companies to turn over Business R
Because there were not looking for evidence of a legislative intent to create a right to judicial review. Your position is thats already there under the apa. Unless there is evidence of a judicial intent, of a congressional intention to preclude judicial review . Thats exactly right. Thats the presumption created by the apa. The way that your honor articulated it is the way the Supreme Court has articulated it time and again. Thats the governments burden to show by clear and convincing evidence that congress intended to preclude our claims, not our burden to demonstrate that congress intended to create them. If i may, ill move on to the merits of our statutory claim. As i said before, our first claim is that section 215 simply does not apply to call records. In the same statute that congress enacted section 215, in 2001, it added a provision to the stored Communications Act prohibiting the government from acquiring phone records. It created i exceptions to that prohibition. But section
I think that is an importantd point. It has auld happened. And will always happen. Gets one thing that is really encouraging even for this room is at least the younger at journalists and the journalists coming from the businesses ivee been meeting are amazingly intrepid and investigative and have tools that we dont have. Theyre really good at using social media. Theyre really good at searchind on the web and figuring out whats going weon. There are people working for vice and all sorts of ll organizations. Theyre doing really exciting work. And i think thats a very positive indication ore the world is heading. Evenfts insightful, some ome organizations, there are so many people out there trying t get that Information That i think its a real positiv tohat s this plays ly omething steai ear. Plrls th abilietspecially for ntnational vestigive ories, mean some o instigive workf of any news orzagaon over st couple oninte stigvee reporting. So public also, youe trngo cor,so ow, knamount to w