Surveillance

Orin Kerr on David Kris on Section 215

By Benjamin Wittes
Monday, September 30, 2013, 9:32 AM

Over the Volokh Conspiracy, Orin Kerr has this to say about David Kris's paper, "On the Bulk Collection of Tangible Things," which we published yesterday and which Kerr describes as "hugely helpful":

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.