let me go to jameel. jameel, what is the best textual arguement against abouts? >> let me first agree with what i think rachel is saying at the outset which is that the statute, i don't think explicitly forecloses about surveillance or explicitly authorizes surveillance but i think a fair assessment of the statutory structure and some of the statutory text leads to the conclusion that about surveillance was not contemplated by congress. and i will answer your question. >> yeah. >> here are a few aspects of the statute that i think show that congress was contemplating that the target would himself or herself be the person who's communications were acquired. first the definition of electronic surveillance, it says, the acquisition of the contents of -- >> this is not electronic surveillance. 702 explicitly does not cover electronic surveillance. >> well, i think the point i'm making is relevant nonetheless. >> electronic surveillance definition is irrelevant to 702. it is not, 702 does not regulate electronic surveillance. >> i think the point that i'm trying to ma

fez jameel, al jazeera, india. >>> coming up on al jazeera america, those horse-drawn carriages are aig part of new york city, but there's an even bigger controversy over what should be done with them. >>> welcome back to al jazeera america. i'm dell. these are your headlines at this hour. those last-ditch efforts to end the crisis in ukraine through diplomacy have failed. john kerry meeting with sergei lavrov in london. lavrov saying putin won't make any decisions before sunday's vote in crimea. violence breaking out in eastern ukraine, one person is dead and 20 others injured. all of this ahead of the referendum in crimea. >>> and u.s. ships are heading to the indian ocean to search for the malaysian flight. a battle over animal rights could end at a new york city hall and a mainstay. the major vowing to make those horse-dra horse-drawn carriages history. >> officer! we just got married. >> reporter: it's a an iconic new york scene played out again and again. >> very corny. >> nope. >> reporter: manhattan's horse-drawn carriages attract tourists by the thousand each year. this man h

fez jameel, al jazeera, india. >>> hundreds of people in brazil have staged protests in the streets of palo. they are opposing money being spent on the football tournament while most brazilians live in poverty. for months many have marched complaining of bus fairs, poor health and education services. >>> this is the u.s. ambassador's residence where the talks are taking place between secretary of state john kerry and the russian foreign minister sar -- sergei lav rof. we wait to hear from sergei lavrof. also here to come. >> i'm on lake superior, one of the five great lakes that right now is almost completely frozen over. i'll tell you why that is a problem for north america's shipping industry. >>> and in sport, a new president as he decides against appealing his prison sentence. ♪ ♪ >>> welcome back. i have the top stories on al jazeera for you. >> obviously we have a lot to talk about . . . >> u.s. secretary of state is meeting his russian counterpart for a last stitch effort to resolve the crisis in ukraine. >>> malaysia's government has denied reports that the missing jet liner wa

jameel jaffer, director of legal at aclu. julian ku. rachel levinson waldman.liberty and national security program brennan center for justice. >> thank you very much for the opportunity to be here today. i'm looking forward to the discussion on 70. i would like to confine my remarks to four central areas, just my initial remarks and raise statutory and constitutional concerns. first with regard to targeting. i'm particularly concerned about four areas here. first is the inclusion of information about targets and not just to or from targets. second is the burden of proof regarding whether somebody is a u.s. person or not. third is with regard to the burden of proof regarding the location of the individual. that is if the nsa in either instance does not confirm, does not actually know where they are, the assumption that is built into the minimization and targeting procedures it is neither a u.s. person nor are they domestically locate and there is no affirmative duty for due diligence for the nsa to actually check their databases to find out if that individual is