A federal appeals court Friday overturned an earlier decision against the federal government’s bulk collection of telephone data from millions of Americans.
The program, struck down in a 2013 federal district court opinion and since altered by President Obama and Congress, was allowed to stand — at least for now — by a three-judge panel of the U.S. Court of Appeals for the District of Columbia. The panel sent the case back to district court for further hearings.
U.S. District Court Judge Richard Leon ruled in 2013, in a lawsuit brought by conservative activist Larry Klayman, that the legal challenge to the massive surveillance program — disclosed that year by former NSA contractor Edward Snowden — would likely succeed. He issued a preliminary injunction against it but suspended the order to allow an appeal by the Justice Department.
Since then, the program was upheld by a federal court in New York, struck down by an appeals court there, and altered by Congress.
Beginning in November, phone companies will retain the data, and the NSA only can obtain information about targeted individuals with permission from a federal court.
The NSA program now has a 2-2 record in federal courts. In New York, a district judge had upheld it, but a panel of the the 2nd Circuit federal appeals court overturned that ruling in May. It said the program “exceeds the scope of what Congress has authorized” under the USA Patriot Act, which the government said permitted the massive data collection.
(http://www.usatoday.com/story/news/2015/08/28/nsa-phone-surveillance-court/71303750)