In May, a federal appeals court declared the National Security Agency’s bulk telephone metadata collection program illegal because it wasn’t authorized under the Patriot Act, as the Obama administration and its predecessor administration had maintained.
Then, in June, Congress semi-dismantled the program with the passage of the USA Freedom Act, which President Obama signed on June 2. As part of the new act, Congress authorized a spying transition period of sorts where the old tactics could continue until new laws were in place.
But on Thursday, the same federal appeals court that originally declared it “illegal” now said the original NSA program could continue, beating back a challenge from the American Civil Liberties Union that questioned both the transition period and the constitutionality of NSA surveillance overall.
…the nation’s telecoms forward data to the National Security Agency, including the phone numbers of both parties in all calls, calling card numbers, the length and time of the calls, and the international mobile subscriber identity (ISMI) number for mobile callers. The NSA keeps a running database of that information.
So how could something so seemingly unconstitutional continue? Congress said it could, that’s how.
