Well, we can count one vote on the DC Circuit for upholding the Section 215 program against Larry Klayman's Fourth Amendment challenge.
Latest in FISA: 215 Collection
Here's a brief update on my piece yesterday on the Klayman litigation. The government yesterday, as promised, moved in the D.C. Circuit for a stay of Judge Leon's ruling.
You might have thought the judicial wrangling over the Section 215 program would end now that Congress had passed the USA Freedom Act winding down the program and replacing it—particularly now that the new law is set to go into effect in just a few weeks.
You'd have been wrong on that.
Judge Richard Leon of the U.S. District Court for the District of Columbia has issued an injunction against the NSA's bulk metadata collection program in his ruling in Klayman v. Obama, ruling that the plantiffs "are likely to have standing to challenge the constitutionality" of the program.
You can read the full opinion below:
This morning, the Court of Appeals for the Second Circuit in ACLU v. Clapper declined to issue a preliminary injunction halting NSA's bulk collection under Section 215 of the PATRIOT Act as authorized by the USA FREEDOM Act's 180 day transition period.
The D.C. Circuit has spoken in Obama v. Klayman—the constitutional challenge to the just-winding-down bulk metadata program—and it has announced its refusal to speak on the subject.
On Friday, the Foreign Intelligence Surveillance Court authorized the extension of the NSA's collection of bulk telephony metadata under Section 215 of the USA Patriot Act until November 29th, 2015—the latter date marking the end of a transition to new, narrower surveillance rules imposed by the USA Freedom Act.
According to the Office of the Director of National Intelligence, the National Security Agency will no longer access the historical metadata collected under Section 215 after the 180-day transition period authorized under the USA Freedom Act. The Agency will retain the information for three additional months (so, until sometime in late February 2016) to allow technical personel to evaluate the integrity of data from the new collection method, but it will be off limits for analytical purposes.
Dustin Volz of the National Journal brings us the news that the Foreign Intelligence Surveillance Court has "revived the National Security Agency's bulk collection of Americans' phone records" for an additional five months, as allowed under the USA Freedom Act passed earlier this month.
The order, written by Judge Michael W. Mosman, begins