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SECTIONS HOME SEARCHSKIP TO CONTENT Advertisement LOG IN SETTINGS Loading... Advertisement U.S. SHARE What the Latest N.S.A. Phone Ruling Means The National Security Agency’s mass collection of Americans’ phone records was deemed illegal by a federal appeals court. The issue is also playing out in the political arena. MAY 7, 2015 RELATED ARTICLE What the Program Does The National Security Agency systematically collects Americans’ phone records in bulk using orders to phone companies issued by a secret national-security court known as the FISA court. The court bases those orders on a disputed interpretation of a provision of the USA Patriot Act, called Section 215. That section permits collection of records that are deemed “relevant” to a counterterrorism investigation. Patriot Act of 2001. Conflicting Court Rulings in 2013 The program was once secret, but its existence became known when it was disclosed in June 2013 by the intelligence contractor Edward J. Snowden. The resulting uproar led to three court cases, and Federal District Court judges have come to opposing conclusions about whether the N.S.A.’s actions are legal. All three cases were appealed. Frederick Florin/Agence France-Presse -- Getty Images
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What the Latest N.S.A. Phone Ruling Means
The National Security Agency’s mass collection of Americans’ phone records was deemed illegal by a federal appeals court. The issue is also playing out in the political arena. MAY 7, 2015 RELATED ARTICLE
What the Program Does
The National Security Agency systematically collects Americans’ phone records in bulk using orders to phone companies issued by a secret national-security court known as the FISA court. The court bases those orders on a disputed interpretation of a provision of the USA Patriot Act, called Section 215. That section permits collection of records that are deemed “relevant” to a counterterrorism investigation.
Patriot Act of 2001.
Conflicting Court Rulings in 2013
The program was once secret, but its existence became known when it was disclosed in June 2013 by the intelligence contractor Edward J. Snowden. The resulting uproar led to three court cases, and Federal District Court judges have come to opposing conclusions about whether the N.S.A.’s actions are legal. All three cases were appealed.
Frederick Florin/Agence France-Presse -- Getty Images
The Latest Ruling: Bulk Collection Not Justified in Patriot Act
On Thursday, the first appeals court outside the FISA system to to issue a ruling on the matter rejected the national-security court’s view that “relevant” could be interpreted to permit bulk collection of phone records. The United States Court of Appeals for the Second Circuit said that if Congress wanted to permit a bulk phone program, it must say so unambiguously.
The Split in Congress
The ruling arrives at a pivotal moment in Congress. Section 215 is set to expire on June 1, unless lawmakers enact new legislation to extend it. A coalition of liberals and libertarians is pushing a bill, endorsed by the Obama administration, to revise the program in order to get the government out of the business of collecting Americans’ phone records in bulk.
The Senate majority leader, Mitch McConnell, Republican of Kentucky, who has the power to decide which bills receive a vote, opposes any changes to the program and has pushed for a “clean” extension of the existing statute. But on Thursday, the appeals court said there was no statutory basis for the program Mr. McConnell wants to keep.
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