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March 29, 2006

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Kimball Corson

The interesting aspects of this debate for me were the struggle of both participants to place their analysis in a concrete technological context, to identify the level of urgency and value of the prospective information, and the level of Fourth Amendment protections to then be afforded in that context, all in light of the fact this war on terrorism is going to be a continuing one. To amend FISA to deal with this collection of problems is going to be tricky. Perhaps in addition to a court of review, an independent prescreening panel to gather this information and to make a reviewable assessment of these factors in advance of, and then again 15 days after the beginning of surveillance is also needed. Without such independent fact gathering, judicial review is left to a relative assessment of hyperbolic argument and undue speculation.

Kimball Corson

P.S. It was also fun for me to hear a classmate debate with one of our former teachers. Both did a great job.

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