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National Security — Telephony Metadata Collection — White Paper Argues Metadata Collection Is Legal Under the USA PATRIOT Act. — Administration White Paper: Bulk Collection of Telephony Metadata Under Section 215 of the USA PATRIOT Act (2013), archived at http://perma.cc/8RJN-EDB7
On Jun 5, 2013, the Guardian reported that the National Security Agency (NSA) has been collecting the communication records of millions of US citizens indiscriminately and in bulk. The NSA collects unique identifiers, and the time and duration of all calls. This revelation about the telephony metada...
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Published in: | Harvard law review 2014-04, Vol.127 (6), p.1871-1878 |
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Main Author: | |
Format: | Article |
Language: | English |
Subjects: | |
Online Access: | Get full text |
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Summary: | On Jun 5, 2013, the Guardian reported that the National Security Agency (NSA) has been collecting the communication records of millions of US citizens indiscriminately and in bulk. The NSA collects unique identifiers, and the time and duration of all calls. This revelation about the telephony metadata program was met with outrage by many. Recently, the Obama Administration responded to this outrage by releasing a White Paper outlining the legal justifications for the program. The White Paper argues that the program is legal under section 215 of the USA PATRIOT Act (Patriot Act) because repositories of Americans' phone records are "relevant" to discrete authorized investigations under this provision. However, despite the Administration's claim that relevance is construed broadly in other civil and criminal contexts, the cases the White Paper cites are distinguishable because they involved much more narrowly focused data collection than the NSA's program does. |
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ISSN: | 0017-811X 2161-976X |