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

1

Introduction

00:00 • 2min

2

The Panelists: Professor Banks, Bill Banks

01:56 • 2min

3

Those Are the Types of Entities That Could Be Compelled to Produce the Records in an Investigation.

03:49 • 4min

4

The Nsa Is Engaged in a Balk Collection of Call Records

07:39 • 2min

5

Is There a Restrictive Procedure for Data Collection?

09:45 • 2min

6

Do You Think the Government's Authority to Collect All This Information Is a Violation of the Fourth Amendment?

11:30 • 3min

7

Is There a Fourth Amendment Protected Interest in Telephony Data?

14:42 • 3min

8

The Fourth Amendment and the Third Party Doctrine

17:13 • 3min

9

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

19:50 • 5min

10

How Do You Know if You Have a Reasonable Expectation of Privacy?

25:17 • 2min

11

The Anesa Shouldn't Lose in the Supreme Court

27:33 • 3min

12

Do You Have a Right of Privacy?

30:48 • 2min

13

The President's Decision to Get Rid of the Programme

32:58 • 2min

14

The Freedom Act Is a Bill That Bans Bulk Collection

34:43 • 3min

15

The Bill Would Make It Easier for You to Challenge Non Disclosure Orders That Are Attached to That Law

37:25 • 2min

16

Is There a Special Advocate?

39:15 • 5min

17

Do You Think the Bill Is a Good Idea?

44:19 • 3min

18

The Fisa Amendments Act and Electronic Surveillance

47:47 • 4min

19

Do Not Have a Fourth Amendment?

52:01 • 2min

20

What's the Difference Between Us and Foreigners?

54:18 • 4min

21

How to Account for Inadvertent Collection

58:35 • 3min

22

What Is the Abouts Collection?

01:01:27 • 2min

23

The Government Collects Large Volumes of American Communications

01:03:27 • 2min

24

The Government Isn't a New Proposal in Any Way

01:05:54 • 2min

25

The Implications of the Government's Arguments

01:07:36 • 2min

26

The Right of Privacy in International Phone Calls

01:09:17 • 2min

27

Using the Haystack

01:11:01 • 2min

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The Government Shouldn't Collect Emales

01:13:06 • 3min

29

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

01:15:36 • 3min

30

The Future of Foreign Intelligence

01:18:50 • 5min

31

The Critical Way to Think About Technology in This Context Is Enabler of Privacy

01:23:47 • 2min

32

Do You Think the Government Should Be Allowed to Collect Up the Wazo?

01:25:27 • 2min

33

Is There a Lesson to Be Learned?

01:27:26 • 3min

34

The American People Care About Privacy, Right?

01:30:30 • 3min

35

What's Happening in Europe?

01:33:37 • 3min

36

Do You Think the US Is a Threat to National Security?

01:36:35 • 2min

37

Is There Consensus on Electronic Surveillance?

01:38:20 • 2min

38

The Government Should Not Have Access to Everything

01:40:26 • 2min

39

The Court's Theory of Five Justices of the Supreme Court Was That the Government Wasn't Providing Notice

01:42:14 • 2min

40

What's the Difference Between a Second and a Third Nine 11?

01:44:03 • 2min

41

Do You Think the Fbi Is a Threat?

01:45:47 • 2min

42

The Lawfar Podcast

01:47:54 • 2min