Kris’s legal defense of the telephony metadata program runs laps around both the Administration’s white paper and the FISC’s recent opinion. As regular readers know, I have been pretty critical of the previous defenses of the lawfulness of the program. Kris’s analysis (especially pages 17-29) provides a lot more food for thought. It’s going to take me a while to work through his argument, and especially to read the additional cases he cites, so at this point I can’t say whether I am persuaded. But it’s essential reading for those interested in the legality of the program.