Judge halts plan to destroy NSA phone surveillance records
Source: San Francisco Chronicle
A federal judge in San Francisco blocked the Obama administration Monday from destroying millions of records of National Security Agency telephone surveillance, issuing a nationwide order to preserve evidence for a half-dozen invasion-of-privacy lawsuits.
The NSA, which has acknowledged obtaining phone numbers and other information on all calls in the United States in its hunt for terrorists, was prepared Tuesday to destroy all records collected more than five years ago. The secretive court that approved the surveillance has required purging the documents after five years as a privacy measure, and denied the government's request Friday to extend that timetable for the pending lawsuits.
On Monday afternoon, U.S. District Judge Jeffrey White of San Francisco, who is presiding over one of the suits, ordered the phone records left undisturbed until March 19, when he will hold a hearing on preserving them further.
White said he was simply enforcing an order he had issued in an earlier NSA surveillance case barring destruction of evidence. He said he would be unable to grant "effective relief" to the current plaintiffs if the government got rid of the records before he decided whether they were legally collected.
Read more: http://www.sfgate.com/nation/article/Judge-halts-plan-to-destroy-NSA-phone-5305045.php
cheapdate
(3,811 posts)Jackpine Radical
(45,274 posts)You want the NSA to be free to destroy evidence of its wrongdoing before the plaintiffs can press their claims?
Ed Suspicious
(8,879 posts)way as well. Thanks for making a good point.
A lesson that I need to read more than headlines.
ChairmanAgnostic
(28,017 posts)And all the records will disappear anyway, just as a security man's dog accidentally pisses on a computer that fries all backups. The NSA and CIA will apologize, and claim not to know how these bizarre deletions could have taken place! "We are SO sorry, your honor. But it was an accident!"
cheapdate
(3,811 posts)is extremely problematic for a host of reasons. It almost certainly violates the fourth amendment and it has a chilling effect which seriously compromises the first amendment as well. It's not hyperbole to say that it threatens our democratic form of government.
And yet, deleting older data is a step in the right direction and provides a partial remedy for some of the concerns.
What I mean by "f'cked up" is that the situation creates a dilemma. The judge's halting of the government's action means that the mass data collected will be kept rather than destroyed. If this opportunity to destroy the data is lost, the data may not ever be destroyed. Furthermore, based on how the courts have ruled in the past, it's probably unlikely that the data would ever be unsealed for inspection and use by plaintiffs in any court action.
I think it would probably be better to destroy this data and keep up the pressure on the government and the NSA.
silvershadow
(10,336 posts)(re: to the suspicious- in my mind- fire at a government agency which escapes me at the moment.) I was thinking it was connected to the Plame outing/Scooter Libby, but I could be wrong.
JDPriestly
(57,936 posts)remember the "missing" e-mails. Quite a number of e-mails were missing from White House computers. If I recall correctly, one of the computers belonged to Karl Rove. Please correct me if I am wrong about that. I am not certain.
Anyway, if the NSA was conducting vast surveillance at the time the e-mails were composed and sent, wouldn't they be in the NSA database? Just asking. Maybe they weren't nearly as lost as the White House thought they were.
Demeter
(85,373 posts)to cover up the crimes....very eeenteresting!
phleshdef
(11,936 posts)The FISA court requires the records to be destroyed after 5 years.
The government itself asked the FISA court to extend that period for pending lawsuits.
The FISA court said no, destroy them.
So now another court has said, no, keep them for pending lawsuits.
lovuian
(19,362 posts)shred away but isn't computer data retrievable
phleshdef
(11,936 posts)On Monday afternoon, U.S. District Judge Jeffrey White of San Francisco, who is presiding over one of the suits, ordered the phone records left undisturbed until March 19, when he will hold a hearing on preserving them further.
This isn't some attempt to cover anything up. Its always been a requirement that data more than 5 years old be destroyed. And the government itself was the one asking the courts to allow them to keep it longer for pending lawsuits.
Bodhi BloodWave
(2,346 posts)Its not nice to provide facts that hurts the agenda of some posters
Demeter
(85,373 posts)I was alive in the 60's and still am, not freshly hatched. The government, whether the visible part, or the shadow part, will lie, cheat, and steal at the slightest provocation.