The Volokh Conspiracy

Mostly law professors | Sometimes contrarian | Often libertarian | Always independent

Conservative catfight over section 702 of FISA


The fight over renewing section 702 of FISA has highlighted a split among conservatives. Former Rep. Bob Goodlatte and Matthew Silver have attacked me and Michael Ellis by name over the issue in recent op-eds.

The issue is whether conservatives should join the left in demanding court orders based on probable cause before the FBI can search for data about Americans in a collection of 702 data that has already been gathered lawfully.

Goodlatte & Silver say yes; Ellis & Baker say no.

Here's the Goodlatte/Silver view. And here's our response, hot off the presses.

We've also offered to debate them in a match refereed by the Federalist Society. Buy your popcorn early!