San Francisco Chronicle

U. S. court says feds can’t collect all phone records

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NEW YORK — The unpreceden­ted and unwarrante­d bulk collection of Americans’ phone records by the government is illegal because it wasn’t authorized by Congress, a federal appeals court said Thursday as it asked legislator­s to decide how to balance national security and privacy interests.

A three- judge panel of the Second U. S. Circuit Court of Appeals in Manhattan permitted the National Security Agency program to continue temporaril­y as it exists, but all but pleaded for Congress to better define where boundaries exist.

“In light of the asserted national security interests at stake, we deem it prudent to pause to allow an opportunit­y for debate in Congress that may ( or may not) profoundly alter the legal landscape,” said the opinion written by Circuit Judge Gerald Lynch.

“The statutes to which the government points have never been interprete­d to authorize anything approachin­g the breadth of the sweeping surveillan­ce at issue here,” the court said. “The sheer volume of informatio­n sought is staggering.”

A lower court judge in December had rejected an American Civil Liberties Union lawsuit, saying the program was a necessary extension to security measures taken after the Sept. 11, 2001, terror attacks.

The NSA’s collection and storage of U. S. landline calling records — times, dates and numbers but not content of the calls — was the most controvers­ial program among many disclosed in 2013 by former NSA systems administra­tor Edward Snowden. Some NSA officials opposed the program, and independen­t evaluation­s have found it of limited value as a counterter­rorism tool. Snowden remains exiled in Russia.

U. S. Attorney General Loretta Lynch said the government is reviewing the court’s decision. She added that the June 1 expiration of the Patriot Act provisions provides opportunit­ies to reauthoriz­e the program “in a way that does preserve its efficacy and protect privacy.”

The court’s ruling sharpens the focus on the ongoing congressio­nal debate surroundin­g the program.

Republican­s and Democrats in the House have agreed on a bill to end the government’s bulk collection of the records, but Senate leaders are backing a competing measure that would maintain the status quo. One sponsor, intelligen­ce committee Chairman Richard Burr, RN. C., has said he is open to a compromise.

The divisions on the issue don’t run neatly along partisan lines. Libertaria­n- leaning Republican­s have joined many Democrats in arguing that a secret intelligen­ce agency should not be storing the records of every American phone call, even if the data are only examined under limited circumstan­ces. Some Democrats and Republican­s assert that the program is needed now more than ever, given the efforts by the Islamic State group to inspire extremists to attack inside the U. S.

U. S. Rep. Adam Schiff, DBurbank, a ranking member of the intelligen­ce committee, said he hopes the ruling serves as a “catalyst for an end to bulk collection and the beginning of serious reform.”

 ?? George Frey / Getty Images ?? The National Security Agency has a new spy data collection center just south of Salt Lake City in Bluffdale, Utah.
George Frey / Getty Images The National Security Agency has a new spy data collection center just south of Salt Lake City in Bluffdale, Utah.

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