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Lawfare Archive: The Case For and Against a FISA Advocate

The Lawfare Podcast

CHAPTER

What Is the Harm That Comes to People Whose Communications Are Surveilled and Disposed Of?

House intelligence committee chairman said your right to privacy can't be violated if you don't know about it. Eliza: It's not an unknown thought in the federal judiciary. Judges will ask, what is the harm that comes to people whose communications were illegally intercepted and then at some point disposed of? Is there a difference between pisa court setting and ordinary criminal courts deciding these major constitutional questions in secret? We should be careful what we wish for by the fisker - they haven't done so well with their review process.

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