The PCLOB Report on 702—We Interview Both Sides

Bonus episode 476 of the Cyberlaw Podcast

The debate over section 702 of FISA is heating up as the end-of-year deadline for reauthorization draws near. The debate is reflected in a report from the Privacy and Civil Liberties Oversight Board. That report was not unanimous.

In the interest of helping listeners understand the report and its recommendations, the Cyberlaw Podcast has produced a bonus episode 476, featuring two board members who represent the board's divergent views—Beth Williams, a Republican-appointed member, and Travis LeBlanc, a Democrat-appointed member.

It's a great introduction to the 702 program, touching first on the very substantial points of agreement about it and then on the concerns and recommendations for addressing those concerns.

Best of all, the conversation ends with a surprise consensus on the importance of using the program to vet travelers to the United States and holders of security clearances.

Download 476th Episode (mp3)

The views expressed in this podcast are those of the speakers and do not reflect the opinions of their institutions, clients, friends, families, or pets.

Comments

[rloquitur]

There is a structural problem with FISA, and hopefully legislation will address it. Kevin Clinesmith, a DOJ attorney, felt that it was ok to doctor documents to get an intrusive warrant. That is never ok, and even less ok in the context of an ex parte hearing. And what happened--you had people like Charlie Savage take the position that Clinesmith's transgressions were small potatoes. Worse still, a federal judge, James Boasberg, to his everlasting discredit, swallowed hole the "I thought you could doctor documents submitted to a court to 'correct' them." Clinesmith has his law license back.

If this is what is going to happen to those who egregiously violate the law when it comes to FISA, then maybe, the DOJ shouldn't have this authority. In a just world, Clinesmith would spend the rest of his life in prison.

[M L]

But they had to Get Trump, so it doesn't matter. They are like the would-be heroes that plotted to assassinate Hitler.