The Steptoe Cyberlaw Podcast is on hiatus in August, but we’ve brought it back for a special appearance – a debate over Senator Patrick Leahy’s version of the USA Freedom Act sponsored by the Federalist Society. Moderated by Christian Corrigan, the debate pitted me against Harley Geiger, Senior Counsel and Deputy Director for the Freedom, Security and Surveillance Project at the Center for Democracy and Technology. Surprisingly, Harley and I manage to find some significant points of agreement, not only on the superiority of the Senate’s definition of ‘special selection term’ over the House’s, but also on the need to deal with what ethical and conflicts standards should apply to special advocates appearing before the Foreign Intelligence Surveillance Court – a topic that neither the House nor the Senate bill presently addresses.
