The fight over renewing section 702 of FISA has highlighted a split among conservatives. Former Rep. Bob Goodlatte and Matthew Silver have attacked me and Michael Ellis by name over the issue in recent op-eds.
The issue is whether conservatives should join the left in demanding court orders based on probable cause before the FBI can search for data about Americans in a collection of 702 data that has already been gathered lawfully.
Goodlatte & Silver say yes; Ellis & Baker say no.
Here's the Goodlatte/Silver view. And here's our response, hot off the presses.
We've also offered to debate them in a match refereed by the Federalist Society. Buy your popcorn early!
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