FISA Section 702 is one of the most powerful — and controversial — surveillance laws in the United States. It allows the U.S. intelligence community to collect electronic communications from foreign targets passing through American company infrastructure, without a traditional warrant. In this episode, we sit down with Brett Freeman, a former attorney at the NSA, the National Counterterrorism Center, and the Department of Justice's National Security Division, who has spent years briefing the White House and Congress on exactly how this law works.
FISA Section 702 is one of the most powerful — and controversial — surveillance laws in the United States. It allows the U.S. intelligence community to collect electronic communications from foreign targets passing through American company infrastructure, without a traditional warrant.
In this episode, we sit down with Brett Freeman, a former attorney at the NSA, the National Counterterrorism Center, and the Department of Justice's National Security Division, who has spent years briefing the White House and Congress on exactly how this law works.
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00:00:09 - Introduction: What is FISA Section 702?
00:01:47 - Guest Introduction: Brett Freeman
00:02:00 - Brett's Background & Career in Intelligence Law
00:04:16 - FISA 101: The History of the Foreign Intelligence Surveillance Act
00:05:16 - How FISA Worked Before 9/11
00:06:13 - How 9/11 & the Internet Changed Everything
00:42:26 - The Reauthorization Debate in Congress
00:43:34 - Trump Administration's Stance on 702
00:44:31 - What a Clean vs. Reformed Reauthorization Means
00:45:30 - How Many Times Can 702 Be Reformed Before It Breaks?
00:47:44 - The Role of Sunset Clauses in National Security Law
00:49:06 - Artificial Intelligence & FISA Section 702
00:52:07 - Closing Remarks