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The Lawfare Podcast

Episode #103: Mieke Eoyang on FAA Exclusivity

The Lawfare Podcast

The Lawfare Institute

Law, Terrorism, History, Politics, News, National Security, Foreign Policy, Intelligence, Diplomacy, International Law, International Relations, Constitutional Law, Rule Of Law, Current Events, Government, Military

4.76.4K Ratings

🗓️ 12 December 2014

⏱️ 41 minutes

🧾️ Download transcript

Summary

Mieke Eoyang of Third Way discusses her provocative recent proposal on Lawfare for making the FISA Amendments Act the exclusive means by which the NSA can acquire content against overseas non-US persons from U.S. tech companies.

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Transcript

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0:00.0

The following podcast contains advertising.

0:04.0

To access an ad-free version of the LawFair podcast,

0:08.0

become a material supporter of LawFair at patreon.com slash law fair.

0:14.0

That's patreon.com slash law fair.

0:18.0

Also, check out LawFair's other podcast offerings,

0:22.0

rational security, chatter, law fair no bull, and the aftermath.

0:29.0

The companies are spending millions of dollars to secure their infrastructure against their own government.

0:39.0

What 702 would do, or putting it under 702, would do,

0:43.0

would say, the government has a way of compelling the companies to cooperate,

0:49.0

but from the company's perspective, by making it the exclusive means,

0:52.0

is what they would then know is the government is not going around their backs

0:56.0

to take the information out of their data centers.

0:59.0

They would then be aware of the full scope of government requests for their data,

1:05.0

and they would no longer have to worry about a story that says they left the back door open,

1:10.0

and everything's being taken.

1:11.0

So there is a trade-off.

1:13.0

The confidence of knowing that the government's dealing with you on a straightforward basis

1:17.0

might actually improve cooperation with the companies.

1:21.0

I'm Benjamin Widis, and this is the LawFair podcast December 13, 2014.

1:28.0

That's the voice of Mika Oyang, Director of National Security Programs at the Third Way,

1:35.0

a Centrist Democratic Think Tank.

1:37.0

Mika is a long-time congressional national security staffer with a significant period of time

...

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