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Rational Security: The “Third Time’s a Charm” Edition

The Lawfare Podcast

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The Benefits and Drawbacks of Sunset Provisions in Statutes

I generally agree with what Ben said certainly on the merits I do think 702 is useful and it should be continued. The way 702 works at an incredibly high level is that instead of the US government getting a warrant to search a particular email account or a particular phone number like it would in an ordinary investigation they propose a kind of broad surveillance program. And there are all these questions about whether that really counts as a warrant because it is particularized but what you end up having is something that is less restrictive than your traditional criminal investigation particularized probable cause warrant.

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