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The Lawfare Podcast

Klein and Cordero on the Latest FISA Numbers

The Lawfare Podcast

The Lawfare Institute

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

4.7 • 6.2K Ratings

🗓️ 31 May 2022

⏱️ 54 minutes

🧾️ Download transcript

Summary

A few weeks ago, the Office of the Director of National Intelligence released the latest FISA transparency data. It was notable in at least two major respects: the continued decline of traditional Title I FISA applications—that is, warrants for individual surveillance—and separately, the rather large number of U.S. persons who had been searched under so-called 702 surveillance. 

To discuss the news, the data and what it all means, Benjamin Wittes sat down on Lawfare Live with Carrie Cordero of the Center for a New American Security and Adam Klein of the Strauss Center at the University of Texas. They talked about the 702 number. Is it really big, or does it just seem big? They talked about what's causing the decline in traditional FISA, about whether reforms in the wake of the Carter Page debacle have gone too far, and they talked about where it is all going from here. 

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Transcript

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0:00.0

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

0:07.2

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

0:14.7

That's patreon.com slash LawFair.

0:18.2

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

0:25.6

no bull and the aftermath.

0:32.6

If you only look at this year's report, you don't see the 2018 numbers, which I think

0:38.4

provides a starkest sign of the fall off.

0:41.4

In 2018, there were 1,833 FISA orders to conduct electronic surveillance, like a wire

0:49.2

tap on an agent of a foreign power in the United States.

0:54.0

Last year, that was down to 376 total targets.

0:59.3

I'm Benjamin Wittis and this is the LawFair podcast May 31, 2022.

1:07.4

A few weeks ago, the Office of the Director of National Intelligence released the latest

1:13.7

FISA transparency data.

1:17.1

It was notable in at least two major respects.

1:29.6

The news, the data and what it all means was the subject of LawFair Live a couple of

1:49.2

weeks ago, with Carrie Cordero of the Center for a New American Security and Adam Klein

1:57.2

of the Strouse Center at the University of Texas.

2:01.5

We talked about the 702 number.

2:04.5

Is it really big or does it just seem big?

2:08.7

We talked about what's causing the decline in traditional FISA.

2:13.6

We talked about weather reforms in the wake of the Carter Page debacle have gone too far

2:20.5

and we talked about where it is all going from here.

...

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