Steven Vladeck writes:
I was on the same panel as Orin at Monday’s day-long hearing before the Privacy & Civil Liberties Oversight Board, and think there’s a lot to commend his proposal for a statutory rule of lenity as a tool to regulate national security surveillance–to scale back the government’s ability to push for expansive interpretations of the specific authorities that Congress has provided. Indeed, Orin’s post from Tuesday expounding upon this idea is a must-read, regardless of where one comes down on the current scope of FISA and the need for / merits of reform proposals.
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