Secretive Federal Court Again Stands Down on Warrantless Spying on Americans
Cato Podcast
Cato Institute
4.5 • 979 Ratings
🗓️ 12 May 2021
⏱️ 19 minutes
🧾️ Download transcript
Summary
You would expect a court designed for foreign intelligence surveillance would use a stronger hand in punishing agencies that illegally snoop on Americans. Julian Sanchez discusses why that's not exactly what's going on.
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Transcript
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| 0:00.0 | 15 years ago this month the Cato Institute launched the Cato Daily Podcast and to mark the occasion we're hoping to give you a token of our appreciation and ask a small favor. |
| 0:10.0 | Visit Cato.org slash CDP15 to get a pair of vinyl Cato Daily Podcast stickers in the mail and |
| 0:17.2 | give one of them to a friend who might enjoy timely |
| 0:19.8 | libertarian perspectives on issues of the day. |
| 0:22.4 | That website again is Cato.org |
| 0:24.2 | slash CDP 15 and now more than ever thank you for listening. This is the Cato |
| 0:31.2 | Daily podcast for Wednesday, May 12, 2021. |
| 0:34.6 | I'm Caleb Brown. |
| 0:35.7 | A secret federal court designed for foreign intelligence |
| 0:39.1 | has once again ratified the somewhat careless methods |
| 0:41.9 | of intelligence agencies, and that implicates your right not to be the victim of government snooping. |
| 0:48.0 | Julian Sanchez details how the FISA court seems to regularly trust intelligence gathering agencies when that trust, like most secret |
| 0:56.8 | surveillance of Americans, is unwarranted. |
| 1:00.0 | Before we get into exactly what the FISA court said here, what is our understanding |
| 1:06.9 | about the police and investigative agencies' abilities to collect data without a warrant approved by a judge. |
| 1:17.0 | So in 2018, Congress added to Section 702, the authority that permits targeting for foreign intelligence purposes of |
| 1:27.0 | non-US persons outside the US, added a requirement that was fairly narrow but meant to respond to concerns about so-called |
| 1:37.5 | backdoor searches, the idea that you might have foreign intelligence collection in theory directed abroad but that |
| 1:44.8 | ultimately is used to get information about Americans that may even be |
| 1:49.3 | used in ordinary criminal |
| 1:54.3 | safeguards that apply to ordinary |
| 1:56.3 | wiretaps. So when James Clapper says that the US government is not |
... |
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