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FISA Section 702 with Brett Freeman

April 8, 2026 · 49 min

Show notes

FISA Section 702 is one of the most powerful — and controversial — surveillance laws in the United States. It allows the U.S. intelligence community to collect electronic communications from foreign targets passing through American company infrastructure, without a traditional warrant.

In this episode, we sit down with Brett Freeman, a former attorney at the NSA, the National Counterterrorism Center, and the Department of Justice's National Security Division, who has spent years briefing the White House and Congress on exactly how this law works.

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00:00:09 - Introduction: What is FISA Section 702?

00:01:47 - Guest Introduction: Brett Freeman

00:02:00 - Brett's Background & Career in Intelligence Law

00:04:16 - FISA 101: The History of the Foreign Intelligence Surveillance Act

00:05:16 - How FISA Worked Before 9/11

00:06:13 - How 9/11 & the Internet Changed Everything

00:42:26 - The Reauthorization Debate in Congress

00:43:34 - Trump Administration's Stance on 702

00:44:31 - What a Clean vs. Reformed Reauthorization Means

00:45:30 - How Many Times Can 702 Be Reformed Before It Breaks?

00:47:44 - The Role of Sunset Clauses in National Security Law

00:49:06 - Artificial Intelligence & FISA Section 702

00:52:07 - Closing Remarks

Intel at the Edge Podcast is a product of the Special Competitive Studies Project.

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