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NBC News: NSA Given Go-Ahead to Resume Collecting Phone Data Records


tshile

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http://www.nbcnews.com/storyline/nsa-snooping/nsa-given-go-ahead-resume-collecting-phone-data-records-n384841

 


The National Security Agency may have been ordered out of the phone records business, but a secret court has said it can go ahead anyway.

 

In a decision published Tuesday (PDF), the Foreign Intelligence Surveillance Court, known as the FISA court, ruled Monday night that the NSA can resume bulk phone data collection for at least five more months.

 

"Plus ça change, plus c'est la même chose" — "the more things change, the more they stay the same" — FISA Judge Michael Mosman wrote in saying a federal appeals court ruling rejecting a libertarian activist group's motion to end the program immediately because of a separate court's ruling.

....

 

Any of you lawyers/legal experts know anything about how the FISA court judges can decide that federal appeals court ruling doesn't apply to them? I have no idea what the justification for that is, or how valid it is.

 

 

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Opening paragraph of the order.
 

 

OPINION AND ORDER


"Plus ya change, plus c'est la meme chose," well , at least for 180 days. This application presents the question whether the recently-enacted USA FREEDOM Act, 1 in amending Title V of FISA,2 ended the bulk collection oftelephone metadata. The short answer is yes. But in doing so, Congress deliberately carved out a 180-day period following the date of enactment in which such collection was specifically authorized. For this reason, the Court approves the application in this case.

 

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