It's always the little details that trip up the criminals who think they're getting over on everyone else; they always forget one tiny detail that unravels the whole mendacious plot. Columbo knew how they think, he knew that some of the most intelligent people think they are way too clever for the rest of us -- people like Harry Reid. I told you he was going to do this.

Now, what's the tiny detail that they hoped no one would notice?

Well, there are two types of people whose skills would come into play here. It's something that most lawyers would miss, because their first thought is "how can I argue this point as it pertains to the law?" and this detail would be overlooked. And most electronic geeks would miss it, because how many tech geeks would ever read a court document? Not very many.

What's the detail?

Follow me down the rabbit hole

It has to do with an article in yesterday's NY Times by By Eric Lichtblau, James Risen and Scott Shane where they mention the Qwest lawsuit (more about the Times articles from Glen Greenwald). I knew there was a nugget in there but I couldn't read everything (I couldn't, I have a life) but the Times reporters found this seemingly insignificant detail -- I don't know if they even know the significance of it. Here it is ...

Page Two, the sixth paragraph down

While Qwest's refusal was disclosed two months ago in court papers, the details of the NSA's request were not. The agency, those knowledgeable about the incident said, wanted to install monitoring equipment on Qwest's "Class 5" switching facilities, which transmit the most localized calls. Limited international traffic also passes through the switches.

To clarify, the only international traffic that would go through these switches are ones you make to or receive from someone you know overseas. Why would a phone call from someone in say Iraq to someone say in Pakistan be routed through your local phone box

There are five different classes of telephone switches. Class five provides local service these are the ones in those boxes in your neighborhood, and if not there, the next ones in the line -- in other words service to someone in your neighborhood or town or city. Class four provides long distance service

Why is this significant?

Because the entire premise they've given us for having to amend FISA is that they had to intercept phone calls from terrorists that happened to be routed through the switches in the United States and those calls would not be routed through class five switches. ... Think about it. ... Here is a more detailed explanation for the switch hierarchy (PSTN) Public Switched Telephone Network.

OK, most of the links are probably totally confusing, but what this says is that this is a datamining program -- not the wiretapping of specific persons referred to in a warrant, which is what the judges on the FISC Court require even if the spying is done prior to getting a warrant -- [H/T looseheadprop] which they can obtain retroactively through exigent circumstances -- they would only need to place monitors on the switches used for international calls.

Senator Dodd is filibustering this egregious affront on your civil rights, you can help him by the following.

Call or fax Senator Boxer and tell her no on the Senate Intelligence Bill, and tell her to support Sen. Dodd in his filibuster

And Senator Feinstein