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July 09, 2013



Bravo for the initiatives to inject a challenge mechanism into FISA decisions!

I personally don't think it's policymaking to approve what amounts to blanket secret subpoenas as opposed to individual ones. I just think it's an outrage. I personally don't distrust the federal judges, though I wish they weren't all Republican appointees and I wish they didn't just parse language details of subpoena / demand-letter approvals.

Rather, I think we need to make the FISA court a place for advocacy. Without a "case or controversy," its very right to exist is in doubt. And without adversarial participation, American liberty is in doubt.

My list of complaints about the "PATRIOT" Act, FISA, and intelligence self-policing is long. But the Kerr-type reform would go a long way toward assuaging them.

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