Preston Marquis, Molly Reynolds, and Benjamin Wittes on the Two House FISA Sec. 702 Bills
The Lawfare Podcast
The Lawfare Institute
4.7 • 6.4K Ratings
🗓️ 12 December 2023
⏱️ 47 minutes
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Summary
FISA Section 702 is set to expire on Dec. 31, 2023. Last week, two bills were marked up by two different House committees—one in the House Judiciary Committee and one in the House Permanent Select Committee on Intelligence. To talk about these very different approaches to FISA Section 702 reauthorization and reform, Lawfare Senior Editor Stephanie Pell sat down with Preston Marquis, a JD candidate at Harvard Law School and a former analyst at the Central Intelligence Agency; Molly Reynolds, Senior Editor at Lawfare; and Benjamin Wittes, Lawfare’s Editor-in-Chief. They discussed some of the key differences between these bills, the abnormal politics surrounding this reauthorization process, and an unusual floor procedure called Queen of the Hill that may be used for consideration of both of these bills.
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Transcript
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| 0:00.0 | The following podcast contains advertising. |
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| 0:08.0 | become a material supporter of Lawfair at Patreon.com slash Lawfair. That's Patreon.com |
| 0:16.4 | slash Lawfair. Also check out Lawfair's other podcast offerings, rational security, chatter, lawfare no bull, and the aftermath. |
| 0:30.0 | Attention to all passengers. You can now book your train tickets on Uber and get 10% back in |
| 0:40.3 | Uber credits to spend on your next train journey. |
| 0:43.6 | So no excuses not to visit your in-laws this Christmas. |
| 0:48.6 | Trains, now on Uber. |
| 0:50.4 | T's and C's apply. |
| 0:51.3 | Check the Uber app. The House Judiciary bill incorporates a piece of legislation that I think was introduced earlier this summer and I think it's known as the |
| 1:07.9 | the Fourth Amendment is Not for Sale Act and this particular component of the House Judiciary approach to FISA |
| 1:16.0 | would limit how the government can acquire data from data brokers. |
| 1:20.0 | And I think it's trying to tighten the rules for how the government can purchase information from firms that don't have a direct relationship to consumers such as data brokers, big tech companies. |
| 1:35.6 | I'm Stephanie Pell, senior editor at Law Fair, and this is the Law Fair Podcast, December 12, |
| 1:42.4 | 2023. |
| 1:44.3 | FISA Section 702 is set to expire on December 31st, 2023. |
| 1:50.8 | Last week, two bills were marked up by two different House committees, one in the House Judiciary |
| 1:56.6 | Committee and one in the House Permanent Select Committee on Intelligence. |
| 2:01.6 | To talk about these very different approaches to FISA Section 702 |
| 2:05.8 | reauthorization and reform, I sat down with Preston Marquis, a JD candidate at |
| 2:12.0 | Harvard Law School and a former analyst at the Central Intelligence Agency, |
| 2:16.8 | Molly Reynolds, Senior Editor at Law Fair, and Benjamin Wittis, Law Fairares Editor-in-Chief. |
... |
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