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FISA Court Reverses Order To Destroy NSA Phone Data

Posted by timothy on from the rule-of-men-and-not-of-law dept.

itwbennett writes "The U.S. Foreign Intelligence Surveillance Court has temporarily reversed its earlier order that call records collected by the National Security Agency should be destroyed after the current five-year limit. The court modified its stand after a District Court in California on Monday ordered the government to retain phone records it collects in bulk from telecommunications carriers, as the metadata could be required as evidence in two civil lawsuits that challenge the NSA's phone records program under section 215 of the Patriot Act."

4 of 59 comments (clear)

  1. Now we're keeping the data... by i+kan+reed · · Score: 4, Funny

    ... to prove we're not abusing it. Yeah, that's the ticket.

    (No, this seems like a possibly reasonable decision, for normal courtish type reasons)

  2. Re:Handy by s.petry · · Score: 3, Informative

    I do know what the word means, do you know what both the NSA and FISA courts have been doing which compromises the integrity of our Democratic Republic form of Government? You do not see how smear campaigns based on illegally obtained information breaks the Democracy?

    Yes they are treasonous, do some homework.

    People are not mad about the NSA investigating Iran's centrifuges they are mad at how the NSA is abusing powers to spy on everyone in the world, and sell data which reduces liberty and democracy world wide. They are mad about FISA courts becoming a rubber stamp organization for this agency to abuse it's powers.

    --

    -The wise argue that there are few absolutes, the fool argues that there are no probabilities.

  3. Re:Handy by Krishnoid · · Score: 4, Insightful

    FISA claims it's to hold for court purposes, but the NSA can still search this data while they hold it.

    I would think that holding this data:

    • works against the NSA, as its surveillance utility decreases as a function of time,
    • works for the litigants, as long as it contains evidence against the defendants usable within the statute of limitations for any wrongdoing it reveals.
  4. Re:Handy by mcl630 · · Score: 4, Informative

    From TFA:

    The data preserved beyond five years cannot be accessed by NSA intelligence analysts for any purpose, and can only be accessed by technical personnel for ensuring continued compliance with the government's preservation obligations, Judge Walton wrote in his revised order.

    So no, they can't search it, at least not without running afoul of the FISA court's order (not that that has stopped them before).