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 Disgraceful Court: NSA Spying May Continue Even If Congress Lets Authority Expire

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Disgraceful Court: NSA Spying May Continue Even If Congress Lets Authority Expire Vide
PostSubject: Disgraceful Court: NSA Spying May Continue Even If Congress Lets Authority Expire   Disgraceful Court: NSA Spying May Continue Even If Congress Lets Authority Expire Icon_minitimeFri Mar 20, 2015 12:46 am

The National Security Agency may be allowed to continue scooping up American phone records indefinitely even if congressional authority for the spying program expires later this year, according to a recently declassified court order.
The legal underpinning of the NSA's bulk collection of U.S. call data resides in a provision of the post-9/11 USA Patriot Act that is scheduled to sunset on June 1. The common understanding among lawmakers and the intelligence community is that the surveillance program will halt unless Congress reauthorizes Section 215 of the Patriot Act in some fashion.
But a passage buried on the last pages of an [url=http://www.dni.gov/files/documents/0311/BR 15-24 Primary Order - Redacted.pdf]order[/url] from the Foreign Intelligence Surveillance Court declassified last week leaves open the door for the program—exposed publicly by Edward Snowden nearly two years ago—to continue even if lawmakers let Section 215 lapse.
"If Congress, conversely, has not enacted legislation amending [Section 215] or extending its sunset date," writes Judge James Boasberg, "the government is directed to provide a legal memorandum … addressing the power of the Court to grant such authority beyond June 1, 2015."

The possibility of the NSA program continuing absent congressional reauthorization was raised last year by The New York Times, which pointed to an obscure provision of the Patriot Act that allows the government to continue indefinitely a foreign intelligence investigation that is ongoing and that began before the bill's expiration.

Disgraceful Court: NSA Spying May Continue Even If Congress Lets Authority Expire Nextgov-medium

http://www.nextgov.com/defense/2015/03/court-nsa-spying-may-continue-even-if-congress-lets-authority-expire/107961/
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