Skip to main content

Court gives the NSA permission to continue phone metadata collection for now

In a decision that is sure to irk privacy advocates, the Foreign Intelligence Surveillance Court ruled that the National Security Agency (NSA) can temporarily resume its once-secret bulk collection of Americans’ phone metadata, reports the New York Times. However, after 180 days, the NSA will still have to end the practice as per the Freedom Act.

The NSA’s phone data collection program originally ended on June 1, when Section 215 of the U.S. Patriot Act expired. President Barack Obama then signed the Freedom Act, which shifted phone data collection from the NSA’s hands to phone companies’, two days later. His administration also applied to restart the program for six months after the bill was signed to give the agency time to transition the program.

Recommended Videos

The Freedom Act amended Section 215 to require the government to define a “specific selection term,” such as a phone number, to access the phone companies’ records. The law also forbids the collection of “all call detail records” held by phone companies.

All of this was done in response to a ruling by the United States Court of Appeals for the Second Circuit, which stated that Section 215 could not be interpreted as allowing any kind of bulk collection. However, the Freedom Act did not include any language to address the ruling, so it remained unclear whether the data collection was legal or not.

Then, in late June, Judge Michael W. Mosman stated that the program could resume for the remaining 180 days granted by the Freedom Act and argued that the Second Circuit was wrong in saying that the program was not authorized to collect that data.

“Second Circuit rulings are not binding on the FISC and this court respectfully disagrees with that court’s analysis, especially in view of the intervening enactment of the U.S.A. Freedom Act,” wrote Judge Mosman in his 26-page decision.

In response, the American Civil Liberties Union (ACLU) stated that it will ask the Second Circuit Court — which initially ruled against the NSA program — to issue a temporary injunction to prevent the resumption of the program. Of course, even if the NSA is forced to stop metadata collection, that doesn’t mean all of its programs will be gone for good.

Even the Freedom Act, which Senator Ron Wyden (D-Or.) hailed as “the most significant victory for Americans’ privacy rights in more than a decade,” still includes questionable provisions, such as the “roving wiretap” and “lone wolf.” These provisions allow local and federal law enforcement to track and tap an individual’s activities and devices, even if there aren’t proven links between the user and any known terrorist organizations.

Williams Pelegrin
Former Digital Trends Contributor
Williams is an avid New York Yankees fan, speaks Spanish, resides in Colorado, and has an affinity for Frosted Flakes. Send…
The foldable iPhone could become a yearly staple for Apple
Semi-open state of a foldable iPhone concept

South Korean tech site ET News has released a report suggesting the foldable iPhone will get an annual refresh starting in 2026. It would replace the Pro Max as the top-of-the-line iPhone model and get updated every year just like the rest of the core lineup.

The launch date for the "iPhone Fold" is still up in the air -- so while ET News is betting on 2026, we don't know if that will turn out to be accurate or not. Either way, the hype around this rumored new model is continuing to build with every new leak we get.

Read more
Huawei goes wearable mad, reveals four new smartwatches
A promotional image of the Huawei Watch 5 42mm.

Huawei has gone wearable mad for its latest releases, with the Huawei Watch 5 leading the charge and coming in two sizes, closely followed by the Watch Fit 4 and Watch Fit 4 Pro. All follow the announcement of the Huawei Watch GT 5, GT 5 Pro, and Watch Ultimate at the end of 2024. Here’s what you need to know about these interesting new smartwatches. 

Huawei Watch 5

Read more
Apple CarPlay Ultra looks stunning in Aston Martin supercar debut
Apple CarPlay Ultra

Apple CarPlay Ultra is the next generation of the Cupertino, California-based firm's smartphone projection system for your car, and it's available in new vehicles in the US and Canada.

When we say "new cars", your options are very much limited to one brand... Aston Martin. So you'll need deep pockets if you want to experience CarPlay Ultra for yourself.

Read more