Sunday, October 20, 2013
From The New York Times:
The Foreign Intelligence Surveillance Court released a new legal opinion on Friday that reauthorized the once-secret National Security Agency program that keeps records of every American’s phone calls. The opinion also sought to plug a hole in a similar ruling made public last month.
In the six-page opinion, which was signed on Oct. 11, Judge Mary A. McLaughlin said she was personally approving for the first time the extension of the call log metadata program, which must be approved every 90 days. But she wrote that she endorsed a lengthy legal opinion written by a colleague, Judge Claire V. Eagan, who was the previous judge to approve extending it.
Judge Eagan’s opinion, which was made public last month, held that the N.S.A. could lawfully collect the bulk data about all Americans’ calls without warrants, in part because of a 1979 case, Smith v. Maryland. In that matter, the Supreme Court held that call records were not protected by the Fourth Amendment because suspects had exposed that metadata to their phone companies and had no reasonable expectation of privacy.