Filed Date: 2010
Closed Date: Oct. 29, 2010
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On January 17, 2014, the Director of National Intelligence authorized the declassification and public release of numerous orders approving the National Security Agency's ("NSA") so-called "Bulk Telephony Metadata Program" under Section 501 of the Foreign Intelligence Surveillance Act of 1978 ("FISA"), commonly referred to as Section 215 of the USA PATRIOT Act.
Under the program, the NSA has collected records from large telecommunication companies about, apparently, virtually all domestic telephone calls. These records, termed "telephony metadata," include the phone numbers placed and received; the date, time and duration of calls; some location identifiers; and calling card numbers. The records, however, apparently do not include the parties' names, addresses or financial information or the call's content. Once collected, the records are stored for several years and may be queried, used, and disseminated only in accordance with "minimization rules" proposed by the government and approved by the Foreign Intelligence Surveillance Court ("FISC"). The most basic aspect of the minimization rules has been that the metadata records can be queried when there is a reasonable suspicion, based on specific and articulated facts, that the identifier that will be used as the basis for the query is associated with specified foreign terrorist organizations.
The program began under executive authority alone, following the September 11, 2001 terrorist attacks. Subsequently, in 2006, the federal government first sought approval of the program from the FISC under Section 215 of the USA PATRIOT Act. This Section 215 order must be reviewed and reapproved by the FISC essentially every 90 days. It has been approved dozens of times by many different federal judges, on the FISC, since its initial approval on May 24, 2006 by the FISC. (See BR 06-05.)
This particular Section 215 order was granted by FISC Judge Reggie B. Walton on August 4, 2010. As usual, this order includes "minimization" procedures that impose a variety of limits on the NSA's use of the telephony metadata. The minimization procedures enumerated in this order are the same as the previous order (BR 10-17) with one exception. Specifically, this order removes mention of the "Special FISA Oversight and Processing, Oversight and Compliance" official while the previous order mentioned this official as authorized to approve telephone identifiers used for queries as well as for general access to metadata.
The authorization expired on October 29, 2010, at 5:00 p.m.
The order in this matter was succeeded by BR 10-70.
Summary Authors
Michael Mirdamadi (4/7/2014)
Walton, Reggie B. (District of Columbia)
Last updated April 17, 2024, 3:18 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: District of Columbia
Case Type(s):
Special Collection(s):
Foreign Intelligence Surveillance Act -- All Matters
Foreign Intelligence Surveillance Act -- Telephony Metadata
Foreign Intelligence Surveillance Court
Key Dates
Filing Date: 2010
Closing Date: Oct. 29, 2010
Case Ongoing: No
Plaintiffs
Plaintiff Description:
U.S. Government, proceeding by an application by the FBI, on behalf of the NSA
Plaintiff Type(s):
U.S. Dept of Justice plaintiff
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Case Details
Causes of Action:
Constitutional Clause(s):
Unreasonable search and seizure
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Content of Injunction:
Warrant/order for search or seizure
Order Duration: 2010 - 2010
Issues
General/Misc.:
Jails, Prisons, Detention Centers, and Other Institutions: