The Office of the Director of National Intelligence has just released new documents concerning the NSA's surveillance programs. The documents, which include numerous filings with the Foreign Intelligence Surveillance Court, date back to 2006. The documents specifically relate to the governments collection of information under Section 215 of the USA PATRIOT Act. In a Mandamus Petition to the United States Supreme Court, EPIC has argued that the FISA Court exceeded the statutory authority under Section 215 when it authorized bulk collection of American's telephone records in an Order concerning Verizon. Under Section 215, the FISA Court may order businesses to produce records that are "relevant" to an authorized national security investigation, but the Verizon Order requires production of all domestic telephone records on an ongoing basis. For more information, see EPIC: In re EPIC - NSA Telephone Records Surveillance.
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Communications Law and Policy
Jerry Kang and Alan Butler