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Last week, the Second Circuit Court of Appeals issued an exhaustive opinion in which Judge Gerard Lynch held that the bulk collection of metadata by the National Security Agency (NSA) was not authorized by Section 215 of the Patriot Act. That provision provides in so many words that the Director of the FBI or his designated agent may:
…make an application for an order requiring the production of any tangible things (including books, records, papers, documents, and other items) for an investigation to obtain foreign intelligence information not concerning a United States person or to protect against international terrorism or clandestine intelligence activities.
At issue in this decision was whether this language was sufficiently broad to permit the vast collection of the metadata and, further, whether and when the individuals who claim grievances for those collection activities are in a position to challenge the standard practice of the NSA under these sections.