> It can't steer---we see this because it never refuses a request.
There are issues with FISC(like lack of transparency), but this specific point is unclear to me. Here are some possible scenarios where a low refusal rate wouldn't be a problem:
* The judge could informally tell the agent that the request needs to be amended before he'll grant it.
* FISC could publish clear guidelines on what is and is not allowed, so agents are never surprised and only submit legal requests.
* Agents only make requests in extraordinary circumstances, so every request comes with a lot of legwork and investigation done making it clear why it is necessary.
The US court system is an adversarial one. You make arguments in court. There are two sides.
FISC is a court in name only. There is no oversight (I don't count the political appointees in the Senate as oversight), there are no checks and balances, there are no appeals. Calling it a court beggars the term.
There are issues with FISC(like lack of transparency), but this specific point is unclear to me. Here are some possible scenarios where a low refusal rate wouldn't be a problem:
* The judge could informally tell the agent that the request needs to be amended before he'll grant it.
* FISC could publish clear guidelines on what is and is not allowed, so agents are never surprised and only submit legal requests.
* Agents only make requests in extraordinary circumstances, so every request comes with a lot of legwork and investigation done making it clear why it is necessary.