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Lawfare Archive: Jameel Jaffer, Bob Litt, and William Banks Debate FISA

The Lawfare Podcast

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Using the Haystack

The programme now that the president has been implementing for six years, was authorized by congress. You couldn't devise a programme that's any more clearly matched to the statutory grant of authority. It's not unlawful. I think most of us have given up about restricting at the front end because of the expansiveness of this programme. We assume that the haystack is required, and that we get ever better at manipulating it with technical means. And for us persons and non us persons, those questions are really important. They may be thought of as fourth amendment questions or not. Seems to me but their questions about use. This is not, this is the tmot.

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