[Infowarrior] - Court temporarily brings back NSA surveillance program

[Richard Forno]

Court temporarily brings back NSA surveillance program
By David McCabe - 06/30/15 12:38 PM EDT

http://thehill.com/policy/technology/246543-court-temporarily-brings-back-nsa-surveillance-program

A federal court said in a Monday order that the National Security Agency can resume the bulk collection of American’s phone records for roughly five months as the program is phased out.

Under the recent law aimed at ending the surveillance program, the USA Freedom Act, the government has a six-month transition period in which to continue collecting phone records.

In an order published by National Journal, a Foreign Intelligence Surveillance Court judge said that the program could continue for the remainder of that transition period.
“This application presents the question whether the recently-enacted USA FREEDOM Act, in amending Title V of FISA, ended the bulk collection of telephone metadata,” Judge Michael W. Mosman wrote.

“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.”

The ruling was in response to a government request to continue the program.

“[T]he government respectfully submits that it may seek and this court may issue an order for the bulk production of tangible things,” the Justice Department said in a memo less than an hour after the USA Freedom Act was signed into law.

Former Virginia Attorney General Ken Cuccinelli, in consort with FreedomWorks, briefed the court on concerns raised by the government’s application to continue the program. Under the new law, the court will have a panel of experts to consult on controversial privacy cases — but that body hasn’t been created yet.

The USA Freedom Act marked the zenith of a debate over the program sparked by revelations about its existance and scope from leaker Edward Snowden.

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