The National Security Law Podcast

The National Security Law Podcast: The Deepest Dive: Surveillance, Section 702 and Section 215

By Robert Chesney, Steve Vladeck
Wednesday, November 7, 2018, 11:55 AM

This week we’ve got the concluding episode in our trilogy of deep dives exploring the history and evolution of our foreign-intelligence collection legal architecture (see here and here for the two earlier episodes).  Our focus this week?

  • Section 702, PRISM, and Upstream: What exactly is this program, what are the key points of controversy, and how has it been tweaked by statute recently?
  • Section 215, contact chaining with bulk communications metadata, and the USA Freedom Act: Same questions ... what is this, what are the points of controversy, how has it been tweaked?

And in the aftermath of it all, we explore whether we have, from 2013 to today, created a new equilibrium for surveillance law, restoring stability as had occurred previously in 1978.