NSA phone spying program ruled illegal by appeals court

May 08, 2015 08:05
Intelligence whistleblower Edward Snowden appears live in a video conference organized by a private high school in Toronto in February. Snowden, who now lives as a fugitive in Russia, exposed in 2013 the US government's massive spying program. Photo:

A US federal appeals court has ruled that a government spying program that systematically collects millions of Americans' phone records is illegal.

The decision puts pressure on Congress to quickly decide whether to replace or end the controversial anti-terrorism surveillance, which was first revealed by intelligence whistleblower Edward Snowden, Reuters reported.

The 2nd US Circuit Court of Appeals in Manhattan said the Patriot Act did not authorize the National Security Agency to collect Americans' calling records in bulk.

Circuit Judge Gerard Lynch wrote for a three-judge panel that Section 215, which addresses the Federal Bureau of Investigation's ability to gather business records, could not be interpreted to have permitted the NSA to collect a "staggering" amount of phone records, contrary to claims by the Bush and Obama administrations.

"Such expansive development of government repositories of formerly private records would be an unprecedented contraction of the privacy expectations of all Americans," Lynch wrote in a 97-page decision.

"We would expect such a momentous decision to be preceded by substantial debate, and expressed in unmistakable language. There is no evidence of such a debate."

The appeals court did not rule on whether the surveillance violated the US Constitution.

It also declined to halt the program, noting that parts of the Patriot Act including Section 215 expire on June 1.

Lynch said it was "prudent" to give Congress a chance to decide what surveillance is permissible, given the national security interests at stake.

Enacted after the Sept. 11, 2001 attacks, the Patriot Act gives the government broad tools to investigate terrorism.

Thursday's decision voided a December 2013 ruling in which US District Judge William Pauley in Manhattan found the NSA program lawful. The appeals court sent the case back to him for further review.

Snowden, a former NSA contractor who lives as a fugitive in Russia, in June 2013 exposed the agency's collection of "bulk telephony metadata". This data includes the existence and duration of calls made, but not the content of conversations.

US Attorney General Loretta Lynch said at a Senate budget hearing on Thursday that NSA data collection was a "vital tool in our national security arsenal" and that she was unaware of privacy violations under its existing program.

The 2nd Circuit is the first federal appeals court to rule on the NSA program's legality. Federal appeals courts in Washington, D.C., and California are also weighing the matter.

While the government could appeal Thursday's decision, it is more likely that it wait for Congress, the news agency said.

If Congress revamps the NSA program, then courts may need to review what it does. And if Congress reauthorizes Section 215, there could be further litigation that may ultimately require the Supreme Court's attention, the report said.

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