Orin Kerr on David Kris on Section 215
Over the Volokh Conspiracy, Orin Kerr has this to say about David Kris's paper, "On the Bulk Collection of Tangible Things," which we published yesterday and which Kerr describes as "hugely helpful":
Kris’s legal defense of the telephony m
Published by The Lawfare Institute
in Cooperation With
Over the Volokh Conspiracy, Orin Kerr has this to say about David Kris's paper, "On the Bulk Collection of Tangible Things," which we published yesterday and which Kerr describes as "hugely helpful":
Kris’s legal defense of the telephony metadata program runs laps around both the Administration’s white paper and the FISC’s recent opinion. As regular readers know, I have been pretty critical of the previous defenses of the lawfulness of the program. Kris’s analysis (especially pages 17-29) provides a lot more food for thought. It’s going to take me a while to work through his argument, and especially to read the additional cases he cites, so at this point I can’t say whether I am persuaded. But it’s essential reading for those interested in the legality of the program.
Benjamin Wittes is editor in chief of Lawfare and a Senior Fellow in Governance Studies at the Brookings Institution. He is the author of several books.
