The 2nd Circuit Court of Appeals on Wednesday ruled that the
National Security Agency’s (NSA) bulk collection of Americans’ photo data is illegal:In an opinion issued Thursday, a three-judge panel from the New York-based 2nd Circuit U.S. Court of Appeals held that a law Congress passed allowing collection of information relevant to terrorism investigations does not authorize the so-called “bulk collection†of phone records on the scale of the NSA program. The judges did not address whether the program violated the Constitution.
Writing for a unanimous panel, Judge Gerard Lynch said allowing the government to gather data in a blanket fashion was not consistent with the statute used to carry out the program: Section 215 of the PATRIOT Act.
“The interpretation urged by the government would require a drastic expansion of the term ‘relevance,’ not only with respect to § 215, but also as that term is construed for purposes of subpoenas, and of a number of national security-related statutes, to sweep further than those statutes have ever been thought to reach,†Lynch wrote in an opinion joined by Judges Robert Sack and Vernon Broderick.
“The interpretation that the government asks us to adopt defies any limiting principle. The same rationale that it proffers for the ‘relevance’ of telephone metadata cannot be cabined to such data, and applies equally well to other sets of records,†Lynch added. “If the government is correct, it could use § 215 to collect and store in bulk any other existing metadata available anywhere in the private sector, including metadata associated with financial records, medical records, and electronic communications (including email and social media information) relating to all Americans.â€
The 2nd Circuit is the first appeals court to rule on the legality of the NSA’s data collection program. However, the legal provision the court found to be inadequate is set to expire on June 1, and language in the ruling allows the program to continue through that time.
Back in December 2013, the U.S. District Court in Washington, D.C. ruled the data collection program unconstitutional.