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Despite these significant changes the amended bill has been endorsed by the ACLU and the EFF as a first step and the most promising path towards reigning in government surveillance. The two organizations called for further Congressional measures to tighten control of surveillance authorities including an explicit definition of the term 'selector,' a reduction in the number of hops from 2 to 1 under most circumstances and the closing the loophole that allows searches of Americans' data inadvertently collected thru Section 702.
The bill now proceeds to the House Intelligence Committee, who has advanced its competing bill, the FISA Transparency and Modernization Act (HR 4291). The committee will mark up both bills on the same day, beginning at 10am Thursday, behind closed doors."
Immediately after WIRED published the story, though, the agreement mysteriously changed. The secrecy provision is still there, but the statement that it's 'specifically intended' to prevent the media attention has vanished."
In the second case, Highmark v. Allcare Health Management, the Supreme Court also noted the 'exceptional' standard in reversing the appellate court's decision but specifically ruled that appellate courts should give more deference to the lower courts on rulings of fact. In Highmark, the district court found that Allcare had engaged in a pattern of 'vexatious' and 'deceitful' conduct throughout the litigation and awarded fees. The appellate court while agreeing with the lower court about part of the case reversed the fees in their de novo review of the case. In de novo reviews, the court case is essentially retried with the higher court. The Supreme Court iterated that de novo reviews should be done typically for 'questions of law' and reviews on 'questions of fact' are done if there are clear errors with decisions on matters of discretion 'reviewable for "abuse of discretion."' In other words, the appellate courts can review a case if a lower court has not correctly interpreted law; however, they should not retry a lower case on facts unless the lower court made a clear error. Also unless the lower court abused their power in some way, the appellate court should not review their final decisions.
For example, if a person is tried for murder, an appellate court could rule that a district court misinterpreted a statute about sentencing if the person if found guilty. The appellate court should not retry the facts of the case unless the lower court had made a clear error like ruling that there was a DNA match when there was not. Also an appellate court should not reverse the lower court if they sentenced the person to a reasonable time. Now if the district court sentenced the person to 400 years for one murder, then the appellate court should intervene.
In effect the two rulings make it easier for companies to recover money should they be sued in frivolous patent lawsuits. This would make the risks greater for those who sue."