On the recordMay 20, 2015
I guess that is also where I probably differ. I think we are just as safe or safer with nothing, because the Constitution allows the searching of records. And I am all for it, but I would do it through warrants. The point is that in metadata, one can do a hop or two with these less-than-constitutional warrants or whatever. But with a real warrant, we can go 100 hops into the data. I really would chase the rabbit down the hole. I would look very hard with suspicion, and I think warrants are generally easy to get. This is the point I don't get about why we have to have warrants with a lower constitutional standard, because I think the FISA warrants are almost never turned down, but neither are criminal warrants. If you are a policeman standing in front of a house, you almost never get a no. But if you are a policeman saying, I want to search all my neighbors' houses, then the judge is going to say no, and that is a good thing. So I think traditional warrants--I think people have somehow just convinced themselves that we can't catch terrorists with traditional warrants, but I think you can go through a lot of data with traditional warrants, too.
Source
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