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California Court Orders NSA Records Retained In Potential Conflict w/ FISA Court

Anonymous Coward writes | about 7 months ago

1

An anonymous reader writes "PC World reports, "A court in California has prohibited the destruction of phone records collected by the government until further orders, raising a potential conflict with an order last week by the secret Foreign Intelligence Surveillance Court in Washington, D.C. Judge Jeffrey S. White of the U.S. District Court for the Northern District of California ordered Monday the retention of the call details in two lawsuits that have challenged the U.S. National Security Agency’s program for the collection of telephone metadata. A number of lawsuits challenging the NSA program have been filed by privacy and other groups ... On Friday, Reggie B. Walton, presiding judge of the FISC, denied a motion from the Department of Justice that the current five-year limit for holding phone metadata should be extended indefinitely as it could be required as evidence in the civil lawsuits challenging the program.""
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Aha... a plant.... not a green one. (1)

niftymitch (1625721) | about 7 months ago | (#46461263)

One needs to look hard...
Tactics like this could be orchestrated
by one or more TLA to expand their budget.
And also expand their program.

One ruling the court should append to this is restrictions
and segregation of data retained by the court from data
amassed by the TLAs involved. Not a simple access
control list entry but physical partitioning etc.

One very real problem with this brave new world is
the vast volumes of the data make it difficult to impossible
for the courts to mine the data for violations. They do
not have the hardware or the technical experts to make a
dent.

This lack of experts is apparent in the acceptance of assertions
that "it is only meta data". Meta data is perhaps the most
valuable pile of data in all of this and I would assert() that
meta data connections are the sole evidence for ordering some
drone strikes.

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