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The Lawfare Podcast: What the Heck is Up with 702?

As the year is coming to a close, Congress has now missed the deadline for reauthorizing FISA Section 702. Molly Reynolds, a Brookings fellow in Governance Studies and expert on Congress, joined Benjamin Wittes and Susan Hennessey for a converation on the failure to reauthorize and what happens next. They discussed the politics of Section 702, the influence of this year's overall legislative agenda, and what to expect in 2018 for the crucial intelligence apparatus. 

 

Privacy Paradox

Amicus Brief: Microsoft Warrant Case

The Microsoft warrant case in the Supreme Court involves a demand by the U.S. government that Microsoft repatriate content data stored in a data center in Ireland and provide it to DOJ. The case raises a number of deeply interesting and complex issues about law enforcement cooperation; extraterritoriality of Ameican law; commercial matters; data privacy concerns; and implications for reciprocal sovereignity in a digitized world. Along with many far more notable former officials, I joined an amicus brief filed the other day in support of neither party. Here's a copy:

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