The following podcast contains advertising to access an ad-free version of the LawFair

podcast become a material supporter of LawFair at patreon.com slash LawFair.

That's patreon.com slash LawFair.

Also, check out LawFair's other podcast offerings, rational security, chatter, LawFair

no bull and the aftermath.

There are people who are covered under FISA who are overtly acknowledged employees of

foreign governments in the United States.

They're not Americans, they're foreign nationals who came to the United States to be on the

payroll of a foreign government here openly acknowledged.

That case to me is very, very different in terms of the stakes for privacy than the case

of an American citizen or a lawful permanent resident in the United States who may be has

had some interactions with the foreign government that the FBI thinks are suspicious or concerning

but whose status as an agent of a foreign power is very much contested.

That kind of case is where you would want intense scrutiny, intense review because that

person is both an American citizen or a lawful permanent resident who has these heightened

constitutional interests but also because the status is in question.

I'm Benjamin Whittiss and this is the LawFair podcast June 29th, 2021.

Adam Klein was until the other day the chairman of the Privacy and Civil Liberties Oversight

Board known colloquially as the P-Clog.

In that capacity he had the opportunity to do something that no one has ever really

done before as an outsider, review a bunch of FISA applications that is applications for

electronic surveillance under the Foreign Intelligence Surveillance Act.

...