Citizenfour Page #4

Your Honor, I don't know

that anyone necessarily

would have standing to raise

the particular claims at issue

in these two cases.

We think instead that the kinds

of claims at issue here

against these defendants

are those that are better suited

to resolution

before the... the representative

branches of our government.

So what role would the judiciary have

if your approach is adopted?

Judge Pregerson, I think that...

I mean, we just

get out of the way, is that it?

Well, Judge Pregerson, I think

that there is a narrow category,

a subset of cases, in which

it may be appropriate to step aside

for that narrow category of cases.

But the judiciary plays a role...

To be sure, Judge Pregerson...

- ...in our system.

- Yes, Your Honor.

And we don't mean to diminish that.

You know, you're asking us

to abdicate that role.

No, Your Honor, um, but it is

a question of this court's discretion

whether to reach that issue.

We do think that there is simply no way

for the litigation to proceed

without risk of divulging

those very questions of privileged

information that would cause,

as the Director of National

Intelligence has explained,

exceptionally grave damage

to national security if disclosed.

Um, thanks for having me.

If anybody has any questions, like I said,

basically just raise your hand

and I'll try to call on you

as soon as I possibly can.

So who here actually feels like

they are under surveillance

pretty regularly?

Everyone inside of Occupy.

How many people have been

arrested and had their,

at their court date, they had

their phone taken into the back room?

How many people in here

had their retina scanned?

Wow.

Um, so you guys are actually in a sense

the canaries in the coal mine.

Right, because the incentives

are all lined up against you.

Anybody see on the subway,

"Link your MetroCard

to your debit card," right?

Like, auto-refill?

This is a concept which is key

to everything we'll talk about today.

And it's called linkability:

Take one piece of data and link it

to another piece of data.

So, for example,

if you have your MetroCard

and you have your debit card,

you have those things

and you can draw a line

between them, right?

So that's, like, not a scary thing,

except your bank card is tied

to everything else that you do

during the day.

So now they know where you're going,

when you make purchases.

So when they decide to target you,

they can actually

recreate your exact steps.

With a MetroCard

and with a credit card, alone,

like literally where you go

and what you buy,

and potentially by linking

that data with other people

on similar travel plans,

they can figure out who you talk to

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