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

The Lawfare Podcast

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What Can You Do With Information That You Have Not Been Authorized to Seize?

In light of all the restrictions and the controls put on the programme, i think there's actually a very important philosophical issue here. The fourth amendment requires that there be an assessment of the reasonableness of the programme. And that involves balancing off the government interests against the privacy interests. We are faced with situations where there clearly is a potential for abuse. There hasn't been any indication that we've been going out and abusing this for political purposes or any other improper purpose. These are our controlled, limited and regulated programmes. I think that it is incumbent on us to insure that we respect and maintain and honor those trols.

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