The National Security Law Podcast: The Deepest Dive: Surveillance, Section 702 and Section 215

Robert Chesney, Steve Vladeck
Wednesday, November 7, 2018, 11:55 AM

This week we’ve got the concluding episode in our trilogy of deep dives exploring the history and evolution of our foreign-intelligence collection legal architecture (see here and here for the two earlier episodes). Our focus this week?

Published by The Lawfare Institute
in Cooperation With
Brookings

This week we’ve got the concluding episode in our trilogy of deep dives exploring the history and evolution of our foreign-intelligence collection legal architecture (see here and here for the two earlier episodes). Our focus this week?

  • Section 702, PRISM, and Upstream: What exactly is this program, what are the key points of controversy, and how has it been tweaked by statute recently?
  • Section 215, contact chaining with bulk communications metadata, and the USA Freedom Act: Same questions ... what is this, what are the points of controversy, how has it been tweaked?

And in the aftermath of it all, we explore whether we have, from 2013 to today, created a new equilibrium for surveillance law, restoring stability as had occurred previously in 1978.


Robert (Bobby) Chesney is the Dean of the University of Texas School of Law, where he also holds the James A. Baker III Chair in the Rule of Law and World Affairs at UT. He is known internationally for his scholarship relating both to cybersecurity and national security. He is a co-founder of Lawfare, the nation’s leading online source for analysis of national security legal issues, and he co-hosts the popular show The National Security Law Podcast.
Steve Vladeck is a professor of law at the University of Texas School of Law. A 2004 graduate of Yale Law School, Steve clerked for Judge Marsha Berzon on the Ninth Circuit and Judge Rosemary Barkett on the Eleventh Circuit. In addition to serving as a senior editor of the Journal of National Security Law & Policy, Steve is also the co-editor of Aspen Publishers’ leading National Security Law and Counterterrorism Law casebooks.

Subscribe to Lawfare