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Official - Subject to Final Review
in order to keep their conversations confidential, if
that's what they want to do, which lawyers want to do.
So they're going to take precautions that
they wouldn't have had to take the day before this
statute was passed, it seems to me, just from a kind of
commonsensical point of view.
GENERAL VERRILLI: I don't agree with that,
Justice Kagan. I think -- this statute does not
regulate them. It confers authority on the government.
They take whatever precautions they choose to take based
on their beliefs about how that authority's going to be
exercised. That depends on the speculation I described.
What this Court held in Summers is that you
have to have a concrete application of the authority in
order to meet the minimum constitutional requirement for
Article III standing.
JUSTICE SOTOMAYOR: Now we're back at the
same circle we started with, which is the one that
Justice Breyer started with. He pointed to one person
under -- who has been surveilled continuously, tens of
thousands of interceptions. Can you really say that the
government's not going to target him under this greater
authority that it sought just for the purpose of
ensuring that it casts a broader net?
GENERAL VERRILLI: I think -- I think it is
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Alderson Reporting Company