WEBVTT

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Our main story tonight

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is government surveillance.

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And I realize most people

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would rather have a conversation

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about literally any other topic.

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Including: 'Is my smartphone

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giving me cancer?

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To which the answer is: probably.

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Or: Do goldfish suffer from depression?

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To which the answer is:

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Yes, but very briefly.

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But the fact is, it is vital that we

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have a discussion about this now.

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Because an important date is just around the corner.

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"One big day to circle on the calendar,

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when it comes to a very controversial subject.

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The re-authorization of the Patriot Act,

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and all of the controversial

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provisions therein.

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June 1 they've got to come to an agreement

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to re-authorize or curttail those programs.

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Yes. Some controversial provisions within

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the Patriot Act are to expire on June 1.

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So circle that date

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on your calendars, everyone.

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And while you're at it:

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Circle June 2 as well.

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Because that's Justin Long's birthday.

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You all forgot last year...

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and he f*cking noticed.

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Now, over the last couple of years,

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you've probably heard a lot about

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strange-sounding programs. Such as:

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X-Keyscore, Muscular, Prism, and Mystic.

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Which are, coincidentally, also the names

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of some of Florida's least popular

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stripclubs.

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"Welcome to X-Keyscore!

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Our dancers are fully un-redacted

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and Tuesday is wing-night!"

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But if you don't mind, I would like to

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refresh your memory over some of this.

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And let's start our focussing on the most

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controversial portion of the Patriot Act,

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that is up for renewal. Section 215.

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Which, I'm aware, sounds like the name

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of an Eastern European boy-band.

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"We are Section 215.

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Prepare to have your hearts...

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throbbed."

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There's the cute one, the bad-boy,

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the one who strangled a potato-farmer,

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and the one without an eye-deficiency.

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They're incredible.

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But the contentst of the real Section 215

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is actually even more sinister.

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It's called Section 215.

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Nicknamed: the library records provision.

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Which allows the Government to require

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businesses to hand over records of any

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"any tangible things"

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including: books, records, documents,

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and other items.

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If that sounds broad, that's because

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it was very much written that way.

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Section 215 says the Government can ask

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for "any tangible things" so long as it's

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"for an investigation to protect

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against international terrorism".

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Which is basically a blank cheque.

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It's letting a teenager borrow the car,

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under the strict condition that they

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only use it for 'car-related activities'.

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"Okay, mom and dad, I'm gonna use this

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for a hand-job in the Wendy's parking lot,

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but that is car-related,

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so I think I'm covered."

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Section 215 is overseen

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by a secret intelligence-court,

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known as the Pfizer-court.

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And they've interpreted it to mean

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the Government could basically

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collect and store phone-records for

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every American.

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The vast majority of whom, of course, have

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no connection to terrorism.

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Unless, Aunt Cheryl has been greatly

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mis-characterized the activities

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of her needle-point club.

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"It's a sleeper-cell!

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Isn't is, Aunt Cheryl?"

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"You are hanged for this, Aungt Cheryl.

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You're a traiter and a terrible aunt.

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Not in that order."

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Now, the Government will point out

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that under 215, they hold phone-records,

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and not the calls themselves.

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What the intelligence-community is doing,

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is looking at phone-numbers,

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and durations of calls,

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they are not looking at peoples names,

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and they are not looking at content.

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Yes, but that's not entirely reassuring.

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Because you can extrapolate a lot

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from that information.

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If they knew that you'd called your ex

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12 times last night, between 1 and 4 AM,

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for a duration of 15 minutes each time,

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they can be fairly sure that you've left

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some pretty pathetic voice-mails.

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"I don't care whose monitoring this call,

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Vicky, we should be together!

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Pick up the phone, dammit!

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I'm a human being, not an animal!"

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Now, the Patriot-act was written,

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just after 9-11.

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And for years,

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it was extended and re-authorized

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with barely a passing thought.

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In fact, it became so routine,

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that when it was extended in 2011,

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one newscaster just tacked it

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onto the end of a report

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about a Presidential trip abroad.

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Chip Reemes. CBS-news is travelling

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with the President in Dovell, France.

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Also in France, by the way,

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President Obama signed in

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the law 4- year extension

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of the terrorism fighting Patriot-Act.

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Also in France, by the way?

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By the way?

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He threw that in,

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like a mother telling her young daughter

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that her childhood pet just died.

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"Oh, nice talking to you, sweety.

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Also, by the way, Mr. Peppers is dead,

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see you at Christmas." BANG

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But all of that,

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was before the public was made aware

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of what the Government's capabilities

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actually were.

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'Cause that all ended in June of 2013.

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Edward Snowden has just

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taken responsibility for one of the

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biggest Government leaks in US history.

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We learned that the Government has the

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capacity to track virtually every American

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phone-call, and to scoop up

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impossibly vast quantities of data

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across the Internet.

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Revelations that the NSA eavesdropped

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on world leaders.

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Have you've ever been to the Bahamas,

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the NSA could've recorded your phone-calls

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and stored them up to a month.

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All that information was exposed

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by Edward Snowden.

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And it is still kind of incredible,

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that a 29-year old contractor,

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was able to steal top-secret documents

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from an organization

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that LITERALLY has the word 'security'

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in it's name.

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Clearly, that was not great for them.

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Because the only place where it should

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be that easy for employees in their 20-ies

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to steal, is a Lids store.

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"Dude, you sure we should take this?"

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"Relax, dude, it's a Miami Marlins-cap,

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we're not exactly selling

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Fabergé eggs here."

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It is still unclear,

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exactly how many documents

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Edward Snowden stole.

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Although he is consistently trying

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to re-assure people that he put them

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in good hands.

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Honestly, I don't want to be the person

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making the decisions about what should

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be public and what shouldn't.

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Which is why I, rather than publishing

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these on my own or putting them openly,

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I'm putting them through journalists.

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Well, that sounds great.

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But of course it's not a fail-safe plan.

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As was proven when the New York Times

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published this slide,

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but did such a sloppy job of blocking out

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redacted information, that some people

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were able to read the information behind

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that black bar,

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which concerned how the US was monitoring

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Al-Qaida in Mosul,

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a group now known as ISIS.

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So essentially,

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a national security secret was leaked,

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because no-one at the Times knows

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how to use Microsoft Paint.

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And look, you can think

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that Snowden did the wrong thing, or

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did it in the wrong way.

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But the fact it,

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we have this information now,

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and we no longer get the luxury

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of pleading ignorance.

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It's like you can't go to Sea World and

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pretend Sha-Mu's happy anymore.

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When we now know,

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at least have the water in her tank

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is whale-tears.

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We know that now.

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You can't un-know that information.

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So you have to bear that in mind.

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But here's the thing:

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It's now 2 years later,

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and it seems like we've kind of

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forgotten to have a debate

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over the content of what Snowden leaked.

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A recent Pew-report found that nearly

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half of Americans say they're

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'not very concerned', of 'not at all

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concerned' about Government surveillance.

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Which is fine.

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If that's an informed opinion.

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But I'm not sure that it is.

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Because we actually sent a camera-crew

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to Times Square to ask some random

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passers by who Edward Snowden was,

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and what he did.

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And there are the responses that we got.

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I have no idea who Edward Snowden is.

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Have no idea who Edward Snowden is.

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I've heard the name, I just can't picutre

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right now exactly what it is.

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Edward Snowden...

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No. I do not.

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Just for the record, that wasn't

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cherry picking.

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That was entirely reflective of everyone

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we spoke to.

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Although, to be fair, some people

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did remember his name,

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they just couldn't remember why.

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He sold some information to people.

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He revealed some information

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that shouldn't have been revealed.

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I think from what I remember,

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is that the information that he shared

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was detrimental to our military secrets?

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And keeping our soldiers

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and our country safe?

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He leaked documents what the Army's

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operations in Iraq.

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Edward Snowden revealed a bunch

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of secrets, I guess, or information

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into Wiki, Wikileaks?

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Edward Snowden leaked...

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he's in charge of Wikileaks?

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Edward Snowden revealed a lot of

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documents through Wikileaks...?

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Okay, so here's the thing:

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Edward Snowden is NOT the Wikileaks guy.

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The Wikileaks guy is Julian Assange.

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And you do not want to

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be confused by him.

99:59:59.999 --> 99:59:59.999
Partly because he was far less careful

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than Snowden with what he released,

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and how.

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And partly because he resembles

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a sandwich-bag full of biscuits while

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wearing a Stevie Knicks-wig.

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And that is, that is ciritical.

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Julian Assange is not a like-able man.

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Even Benedict Cumberbatch could not

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make him like-able.

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He's un-Cumberbatch-able.

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That was supposed to be

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physically impossible.

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I don't blame people for being confused.

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We've been looking at this story

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for the last 2 weeks,

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and it is hard to get your head around.

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Not just because there are so many

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complicated programs to keep track of,

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but also because

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there are no easy answers here.

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We all naturally want perfect privacy,

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and perfect safety.

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But those 2 things cannot coexist.

99:59:59.999 --> 99:59:59.999
It's like how you can't have

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a badass pet falcon...

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and an adorable pet vole named Herbert.

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Either you have to lose one of them,

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which obviously you don't want to do.

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Or you have to accept some reasonable

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restrictions on both of them.

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Now to be fair, the NSA will argue

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that just because they can do something

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doesn't mean they do do it.

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And, that there are restrictions on their

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operations, such as the Pfizer-court,

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which, must approve requests for

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foreign surveillance.

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But.

99:59:59.999 --> 99:59:59.999
In 34 years, that court has approved

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some 35000 applications,

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and only rejected 12.

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Yes. Much like Robert Durst's second wife.

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The Pfizer-court is alarmingly accepting.

99:59:59.999 --> 99:59:59.999
"Listen, Robert, I'm not gonna

99:59:59.999 --> 99:59:59.999
ask you too many questions.

99:59:59.999 --> 99:59:59.999
I'm just gonna give you the benefit of the

99:59:59.999 --> 99:59:59.999
doubts that you clearly don't deserve."

99:59:59.999 --> 99:59:59.999
At least tell him to blink and burp less.

99:59:59.999 --> 99:59:59.999
The burping might be the most troubling

99:59:59.999 --> 99:59:59.999
thing about that show.

99:59:59.999 --> 99:59:59.999
So, so maybe there's time for us to talk.

99:59:59.999 --> 99:59:59.999
About where the limits should be.

99:59:59.999 --> 99:59:59.999
And the best place to start would be

99:59:59.999 --> 99:59:59.999
Section 215.

99:59:59.999 --> 99:59:59.999
Not just because it's the easiest one

99:59:59.999 --> 99:59:59.999
to understand,

99:59:59.999 --> 99:59:59.999
but there is wide-spread agreement

99:59:59.999 --> 99:59:59.999
it needs to be reformed.

99:59:59.999 --> 99:59:59.999
From the President, to Ted Cruz,

99:59:59.999 --> 99:59:59.999
to both the ACLU and the NRA,

99:59:59.999 --> 99:59:59.999
to even the guy who wrote the thing

99:59:59.999 --> 99:59:59.999
in the first place.

99:59:59.999 --> 99:59:59.999
I was the principal author

99:59:59.999 --> 99:59:59.999
of the Patriot Act.

99:59:59.999 --> 99:59:59.999
I can say that without qualification

99:59:59.999 --> 99:59:59.999
Congress never did intend to allow

99:59:59.999 --> 99:59:59.999
bulk-collections when it passed

99:59:59.999 --> 99:59:59.999
Section 215.

99:59:59.999 --> 99:59:59.999
And no fair reading of the text would

99:59:59.999 --> 99:59:59.999
allow for this program.

99:59:59.999 --> 99:59:59.999
Think about that.

99:59:59.999 --> 99:59:59.999
He was the author.

99:59:59.999 --> 99:59:59.999
That's the legislative equivalent

99:59:59.999 --> 99:59:59.999
of Lewis Carrol seeing the tea-cups ride

99:59:59.999 --> 99:59:59.999
at Disney Land, and saying:

99:59:59.999 --> 99:59:59.999
"This has got to be reined in.

99:59:59.999 --> 99:59:59.999
No fair reading of my text would allow

99:59:59.999 --> 99:59:59.999
for this ride."

99:59:59.999 --> 99:59:59.999
"You've turned my perfectly nice

99:59:59.999 --> 99:59:59.999
tail of psychedelic paedofilia

99:59:59.999 --> 99:59:59.999
into a garish vomitorium."

99:59:59.999 --> 99:59:59.999
"This is not what I wanted!"

99:59:59.999 --> 99:59:59.999
And even the NSA has said that

99:59:59.999 --> 99:59:59.999
the number of terror-plots

99:59:59.999 --> 99:59:59.999
in the US, that the Section 215

99:59:59.999 --> 99:59:59.999
phone-records program has disrupted is 1.

99:59:59.999 --> 99:59:59.999
And it's worth noting that that 1 plot

99:59:59.999 --> 99:59:59.999
involved a cabdriver in San Diego

99:59:59.999 --> 99:59:59.999
who gave $8500 to a terror-group.

99:59:59.999 --> 99:59:59.999
And that is the shittiest terrorist-plot

99:59:59.999 --> 99:59:59.999
I've ever seen, other than the plot of

99:59:59.999 --> 99:59:59.999
A Good Day To Die Hard.

99:59:59.999 --> 99:59:59.999
But here's the big problem here:

99:59:59.999 --> 99:59:59.999
If we let Section 215 get renewed in it's

99:59:59.999 --> 99:59:59.999
current form, without serious public

99:59:59.999 --> 99:59:59.999
debate, we're in trouble.

99:59:59.999 --> 99:59:59.999
Because Section 215

99:59:59.999 --> 99:59:59.999
is the canary in the coalmine.

99:59:59.999 --> 99:59:59.999
If we cannot fix that,

99:59:59.999 --> 99:59:59.999
we're not gonna fix any of them.

99:59:59.999 --> 99:59:59.999
And the public debate so far,

99:59:59.999 --> 99:59:59.999
has been absolutely pathetic.

99:59:59.999 --> 99:59:59.999
A year ago, a former congresswoman

99:59:59.999 --> 99:59:59.999
was discussing the 215 program on the news.

99:59:59.999 --> 99:59:59.999
Watch wat happened.

99:59:59.999 --> 99:59:59.999
This vast collection of data

99:59:59.999 --> 99:59:59.999
is not that useful, and infringes

99:59:59.999 --> 99:59:59.999
substantially on personal privacy.

99:59:59.999 --> 99:59:59.999
I think at this point we should seriously

99:59:59.999 --> 99:59:59.999
consider not continuing...

99:59:59.999 --> 99:59:59.999
Congress woman, let me interrupt you.

99:59:59.999 --> 99:59:59.999
Let me interrupt you just for one moment.

99:59:59.999 --> 99:59:59.999
We've got some breaking news out of Miami.

99:59:59.999 --> 99:59:59.999
Stand by if you will.

99:59:59.999 --> 99:59:59.999
Right now in Miami, Justin Beiber

99:59:59.999 --> 99:59:59.999
has been arrested on a number of charges.

99:59:59.999 --> 99:59:59.999
The judge is reading the charges,

99:59:59.999 --> 99:59:59.999
including resisting arrest and driving

99:59:59.999 --> 99:59:59.999
under the influence.

99:59:59.999 --> 99:59:59.999
He's appearing now before the judge

99:59:59.999 --> 99:59:59.999
for his bond-hearing. Let's watch.

99:59:59.999 --> 99:59:59.999
Actually, you know what?

99:59:59.999 --> 99:59:59.999
Bad news, we're gonna have to interrupt

99:59:59.999 --> 99:59:59.999
your interruption of the Beiber news,

99:59:59.999 --> 99:59:59.999
for a new interruption.

99:59:59.999 --> 99:59:59.999
This time featuring a YouTube video of a

99:59:59.999 --> 99:59:59.999
tortoise having sex with a plastic clog.

99:59:59.999 --> 99:59:59.999
Let's watch.

99:59:59.999 --> 99:59:59.999
That. Is essentially the current tone

99:59:59.999 --> 99:59:59.999
of this vitally important debate.

99:59:59.999 --> 99:59:59.999
And again: I'm not saying this is

99:59:59.999 --> 99:59:59.999
an easy conversation.

99:59:59.999 --> 99:59:59.999
But we have to have it.

99:59:59.999 --> 99:59:59.999
I know this is confusing.

99:59:59.999 --> 99:59:59.999
And unfortunately, the most obvious

99:59:59.999 --> 99:59:59.999
person to talk to about this,

99:59:59.999 --> 99:59:59.999
is Edward Snowden.

99:59:59.999 --> 99:59:59.999
But he currently lives in Russia.

99:59:59.999 --> 99:59:59.999
Meaning, if you wanted to ask him

99:59:59.999 --> 99:59:59.999
about any of these issues,

99:59:59.999 --> 99:59:59.999
you'd have to fly all the way there

99:59:59.999 --> 99:59:59.999
to do it, and it is not a pleasant flight.

99:59:59.999 --> 99:59:59.999
And the reason I know that...

99:59:59.999 --> 99:59:59.999
is that last week, I went to Russia

99:59:59.999 --> 99:59:59.999
to speak to Edward Snowden.

99:59:59.999 --> 99:59:59.999
And this is what happened.

99:59:59.999 --> 99:59:59.999
Yes, last week I spent 48 paranoid hours

99:59:59.999 --> 99:59:59.999
in Moscow.

99:59:59.999 --> 99:59:59.999
Arguably the last place on earth where you

99:59:59.999 --> 99:59:59.999
can find an overweight Josef Stalin

99:59:59.999 --> 99:59:59.999
impersonator arguing with an unconvinsing

99:59:59.999 --> 99:59:59.999
fake Lenin.

99:59:59.999 --> 99:59:59.999
And after experiencing Russia's famously

99:59:59.999 --> 99:59:59.999
warm hospitality, I went to meet

99:59:59.999 --> 99:59:59.999
Edward Snowden.

99:59:59.999 --> 99:59:59.999
Who is supposed to show up in this room

99:59:59.999 --> 99:59:59.999
at noon.

99:59:59.999 --> 99:59:59.999
However, after 5 minutes after

99:59:59.999 --> 99:59:59.999
the interview was scheduled to begin,

99:59:59.999 --> 99:59:59.999
I had a troubling thought.

99:59:59.999 --> 99:59:59.999
I don't know.

99:59:59.999 --> 99:59:59.999
You think he's coming?

99:59:59.999 --> 99:59:59.999
'Cause my argument is:

99:59:59.999 --> 99:59:59.999
Why would he?

99:59:59.999 --> 99:59:59.999
When you think about it.

99:59:59.999 --> 99:59:59.999
I got 2000 roebels that says

99:59:59.999 --> 99:59:59.999
he doesn't make it.

99:59:59.999 --> 99:59:59.999
Without understanding how much that is.

99:59:59.999 --> 99:59:59.999
All I'm saying is...

99:59:59.999 --> 99:59:59.999
a 10-hour flight for an empty chair...

99:59:59.999 --> 99:59:59.999
I'm gonna lose my shit.

99:59:59.999 --> 99:59:59.999
Okay, it turns out that there may be

99:59:59.999 --> 99:59:59.999
a bit of a problem.

99:59:59.999 --> 99:59:59.999
'Cause our Russian producer...

99:59:59.999 --> 99:59:59.999
booked us in a room

99:59:59.999 --> 99:59:59.999
directly overlooking...

99:59:59.999 --> 99:59:59.999
the old KGB-building.

99:59:59.999 --> 99:59:59.999
And the home of the current

99:59:59.999 --> 99:59:59.999
Federal Security Bureau.

99:59:59.999 --> 99:59:59.999
And I'm just been told that they know

99:59:59.999 --> 99:59:59.999
we're here.

99:59:59.999 --> 99:59:59.999
So uhm...

99:59:59.999 --> 99:59:59.999
So that happened.

99:59:59.999 --> 99:59:59.999
Uhm, just if the Russian...

99:59:59.999 --> 99:59:59.999
Russian KGB is listening:

99:59:59.999 --> 99:59:59.999
we'll ring the fire-alarm

99:59:59.999 --> 99:59:59.999
if he's not coming.

99:59:59.999 --> 99:59:59.999
Oh shit.

99:59:59.999 --> 99:59:59.999
Oh God.

99:59:59.999 --> 99:59:59.999
So sorry for the delay.

99:59:59.999 --> 99:59:59.999
- It's fine.

99:59:59.999 --> 99:59:59.999
HOLY SHIT.

99:59:59.999 --> 99:59:59.999
He actually came.

99:59:59.999 --> 99:59:59.999
Edward f*cking Snowden.

99:59:59.999 --> 99:59:59.999
The most famous here an/or traitor

99:59:59.999 --> 99:59:59.999
in recent American history!