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

The Lawfare Podcast

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The Fourth Amendment and the Privacy Interest in the Telephony Medidata Programme

i disagree that the debate has often been characterizeds as a debate about whether smith versus maryland should be overruled. The programm we know to exist now, is not focused on specific, at the collection stage, is not limited to a single person. It's hundreds of millions of people and it was in place for a decade already. i don't want to get too far into the weeds but if you look at a supreme court case from a decade ago, which involved hospital records, the hospital's own medical records relating to its patients, the supreme court said that patients had a right of privacy protected by the fourth amendment. I think it's notable that one federal district court

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