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"We must notify the media organization in advance unless doing so would pose a substantial threat to the integrity of the investigation, " it said.
CNN: AP blasts feds for phone records search
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The report said that Nasa's space shuttles, designed in the 1970s, were not built to withstand bombardment by orbital debris because such objects were not then recognised as a substantial threat.
BBC: Was Columbia struck by space debris?
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"It's hard to imagine that there was a substantial threat to an investigation of past events that would warrant not giving AP a chance to go to court on this issue, " he said.
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"The difference with biometrics and the reason it presents a substantial threat is that if your passport is stolen, the government can reissue you a new passport number and you can move on with your life, " he tells CNN.
CNN: Fully biometric airports becoming a reality
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Justice Department regulations allow the government to seize records only in the case of "a substantial threat to the integrity of the investigation, " Tobin said, adding that that did not appear to have been the case with the AP probe.
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Instead, Apotex took advantage of the fine print to launch its generic anyway--without the threat of substantial penalties.
FORBES
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The US intelligence community has received a substantial increase in the volume of threat-related intelligence reports.
BBC: NEWS | Americas | US terror alert: Full text
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It is telling workers to cut costs by 50%--on top of already substantial savings--to thwart that threat.
FORBES: The "Oof" Company
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The terror threat level on the UK Home Office website remains unchanged at "substantial, " which is the third highest of five levels.
CNN: London's Olympic security headache
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Nuclear weapons are so destructive and ballistic missiles are so swift, that any substantial increased possibility of their use or any sudden change in their deployment may well be regarded as a definite threat to peace.
CENTERFORSECURITYPOLICY: Center For Security Policy