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0 elizabeth and josh. thank you all for joining us. josh, let's start here with what the president rolled out. i think all of this, dribs and drabs have been leaked out here. but some of the criticism from rand paul, senator mccain, as well. at least, they believe, there are unanswered questions. he said president obama's speech today left many crucial questions unanswered. now it's time for congress to improve how it executes the oversight duties and ensure we are fulfilling our obligation to protect the security of our nation and the freedom of our citizens. so does this put the majority of the changes now in the hands of congress? >> i think a lot of these changes, congress will ultimately have to weigh in on. and you have to remember with respect to the 215 program, it's scheduled to run out. its authority runs out in the middle of next year. so if congress doesn't act, it's going to change pretty dramatically. i did think the president made a significant announcement today in saying the government would no longer hold this meta data. but it was after that where it became more complicated. he didn't really come forward with a specific replacement plan. he said he saw two or three different options. he said a couple of those options weren't very good. and that's sort of where he left it. i can understand why some of the critics are saying there's more here that need to be explained. >> and that speaks to the complexity of it. we know the president was reviewing these recommendations before the new year and this speech much anticipated. but i think for some who are critical or suspicious, that is the letdown. yes, the government won't control this metadata, but the plan on what or who will take over has not been revealed. >> i think that's right. i think there are a lot of questions that remain to be answered. but he did pledge that this data would be out of the hands of the government. and he did one other thing that's quite significant, which is that he said going forward before the government searches the data, it will get a judicial order. it will obtain a judicial finding. he didn't really explain what president referred to it that edward snowden handled this. but the bottom line, these recommendations and changes the president spoke of today would not be on the table were it not for edward snowden. >> that's true. you know, at the outset, tamron, i wondered, would this be a speech where he would defend the program or advocate reforming the program. i think it's more defensive. and on that critical component of metadata, he didn't say we were going to end the practice. he said it won't be in government control. well, be careful what you wish for. because the only thing worse than the government having that data is whoever else is going to control that data. so i don't know where it leaves us. but he certainly didn't back off from the collection itself. >> absolutely. and, elizabeth, i'll bring you in on that. if you don't trust the government with this information, would you trust a phone carrier who may not and certainly there's questions of regarding how contractors and who has access to what. but when it goes into the hands of a private company. these issues don't dissipate. the concerns of your privacy must still exist. >> they do still exist for sure. but it's important to understand that the telephone companies hold this data. this is their billing records. they do hold it under existing regulations. they actually have to hold it for 18 months. so if the president were to end bulk collection tomorrow, the telephone companies would still have this data in their possession for 18 months. so that's a bit of a straw man. the question is whether the president is going to pursue some kind of legislation to require the telephone companies to hold it for longer or in a different format. in which case, they then become not service providers but agents of the intelligence establishment. and that is highly problematic. >> and some of the legal actions, certainly, josh, on the table and have been discussed is that you would have judicial review as well as whether or not there will be an advocate -- privacy advocate, part of the process that is a key component for some people who believe that our protection should certainly not just be in the hands of the government, meaning the protection of our privacy. >> yeah. and the president touted that as a major reform. he talked about not just a single public advocate at the court but having a panel of lawyers and maybe some other experts with technological expertise that could weigh in with the judges. the law enforcement community and intelligence community doesn't want those advocates injecting themselves over every case. they want the court to decide when those advocates could be invited in. there's a lot of details here that need to be worked out. i would pick up on what elizabeth said to note that saying this data would not be in the hands of the government is pretty significant. one of the big concerns here, if the government can gather the telephone data under this 215 program, they could gather almost any data in the private sector for almost any reason. and so that's a precedent that i think the civil liberties advocates have been very concerned about and the president is essentially saying they're right on that that the government shouldn't be able to just pick up any data base it wants. >> and i'm curious what people are saying on the radio here. we've seen some of the polling, washington post poll, does the collection of internet data intrude on privacy? 68% say, yes. 28% say, no. and i often tell people, we go to the phone companies, elizabeth pointed out, they have our number, there's some kid we don't know that transfers all the data from the old iphone to the new iphone you've just posted. you have no idea who that individual is or what that information can be used or who has access to it quite honestly. i'm curious of the engagement of people on the radio as far as what they think is happening and are they digesting it in a full view? >> well, that's a great question. and this is all anecdotal, but on the intensity level, i note from calls i take day in and day out across the country, those who are opposed to this have much stronger passion, it seems, than those who are supportive. those who are supportive, you get a general hurumph from them that they are collecting this data through their purchasing power. but those opposed seem very hard core. >> i greatly appreciate you joining me today. >> thank you. >> "the news nation" is following developing news. police are investigating whether human remains found overnight here in new york could be those of a missing 14-year-old boy with autism. a lawyer for avonte oquendo's family says the items match what he was wearing on september 4th when surveillance cameras showed him darting out of his school walking toward a park. a massive search had been going on ever since. and joining me live now reporter mark santora. thank you for your time. >> thank you. >> what are investigators saying right now? >> well, so last night a 14-year-old girl was out for a walker near the shoreline along the east river when she came across what looked to her human remains. she tweeted a picture of it. her mother saw the picture and went down with her to the shoreline and called the police. at that point, the police arrived and saw the clothing and it matched the -- shoes in particular, 5 1/2 air jordans matched what he was last seen wearing. so they had a good reason to believe there might be a connection here. they called his mother at 2:00 a.m., she went down to the medical examiner where they took dna and now they're doing those dna tests. we're waiting. >> and we are waiting. and to your point, one of the things that are items that people focus heavily on is that shoe, a 5 1/2 air jordan shoe. we've all -- at least in this area -- have seen these flyers that went up when avonte went missing and many of them are still up, quite honestly. i saw one the other day and it specifically reads he had on a dark color air jordan. at this point, did authorities say any more regarding the condition of the remains? >> yeah. they were deteriorated and the limbs matched the size and shape of what someone of his age would be. and going back to your point, though, i think the reason this case resinated around the city, he was autistic, couldn't communicate verbally, couldn't care for himself. and from the first few days, the family and the family's lawyer were very aggressive in pushing the search and these flyers, i can't recall a case where a face became as familiar as his face around the city. >> to your point, the new york police department said they never had such a widespread exhaustive search going through the tunnels. and part of the reason these were put near the subway trains, his family said he was fascinated with trains. and they thought maybe out of curiosity he wandered down to one of the subways. but to your point, we had holly robinson peete on, her son has a autism, as well. and people wondered how in a city of millions could a child disappear without a trace? >> and his school was right near the east river there, a few miles to the southeast. and from the beginning, there was a concern that maybe he had gone that direction. but they had boats out, gone along the waterways, searched the coastline. hadn't seen anything. for the family they held out hope and even today until there's a final confirmation, i think they're still hoping, you know, beyond hope this isn't him. >> we are hoping with them. thank you, mark, we greatly appreciate your time. still ahead, as subpoenas still roll out in the bridge scandal, new reports that the former christie appointee who oversaw the bridge closure says he's willing to share more information if he gets immunity. plus, vladimir putin sends a message today to gay people attending the winter games in sochi. telling them they'll be safe while at the same time saying, quote, leave the kids alone. richard engel joins us live from sochi. plus -- >> i actually thought it was a joke at first. >> you didn't think he was serious? >> no. >> and now? >> and now i think it's absurd. >> a california dad outraged after finding out his son's little league coach is suing the boy. the coach claims he was injured during a victory celebration. so he wants the kid to pay up. it's our news nation gut check. and join our conversation on twitter, you can find me @tamronhall @newsnation. 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