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IPFS News Link • Surveillance

Appeals court clears hurdle for NSA

• The Hill

A federal appeals court Tuesday eliminated a possible roadblock for the National Security Agency (NSA), delaying a judge's order to halt the agency's controversial data collection.

The order from the U.S. Court of Appeals for the D.C. Circuit sets the NSA on a path to wind down its bulk gathering of Americans' phone records later this month.

On Monday, Judge Richard Leon of the U.S. District Court for D.C. had sought to end the program immediately, before a Nov. 29 deadline. Leon's order would have ended the NSA's collection of records about one California lawyer, though doing that might have required taking the entire system offline, he acknowledged.

Late Tuesday afternoon, however, the appeals court stepped in and issued a stay on that order, preventing it from taking effect. The move from the appeals court was widely expected, given that Leon's order would merely kill the program three weeks early.

"The purpose of this administrative stay is to give the court sufficient opportunity to consider the merits of the motion for a stay," it said in a brief order, "and should not be construed in any way as a ruling on the merits of that motion."

Plaintiffs suing the Obama administration, led by conservative legal activist Larry Klayman, will have until noon Friday to submit arguments on whether the program should be shut down immediately. The government has until the following Monday. 

Few watchers expect the court to interfere with the NSA's own schedule, which will take the phone records program offline Nov. 29.

Under the current program, the spy agency collects metadata records about millions of Americans' phone calls, which include the numbers involved in a call, when the call occurred and how long it lasted. The records do not include content about people's conversations.


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