Phone Company Bid to Keep Data From N.S.A. Is Rejected

[ProSense]

Phone Company Bid to Keep Data From N.S.A. Is Rejected

By CHARLIE SAVAGE

WASHINGTON — A telephone company asked the Foreign Intelligence Surveillance Court in January to stop requiring it to give records of its customers’ calls to the National Security Agency, in light of a ruling by a Federal District Court judge that the N.S.A. program is likely unconstitutional, according to court papers declassified on Friday.

But Judge Rosemary M. Collyer, another Federal District Court judge who also sits on the secret surveillance court, rejected the request — and her colleague’s legal analysis — in a 31-page ruling on March 20, the newly declassified papers show. The identity of the phone company was censored in the documents that were made public.

The developments heighten the display of legal tensions over the program. Since 2006, a series of judges on the secret surveillance court have repeatedly ordered companies to participate in the program, but none of them produced a judicial opinion explaining why it was legally justified until after it became public in the leaks by the former N.S.A. contractor Edward J. Snowden.

Since then, some outsiders have challenged the legality of the bulk records collection. The critics include Judge Richard J. Leon, who ruled in December that the program was likely to violate the Fourth Amendment. Judges Collyer and Leon were both appointed by President George W. Bush in 2002 for the Federal District Court for the District of Columbia.

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http://www.nytimes.com/2014/04/26/us/phone-company-bid-to-keep-data-from-nsa-is-rejected.html

[Sarah Ibarruri]

1. Hmmmm... she's a piece of work. Here's what wiki says about her...

In 2013, Collyer was appointed by the Chief Justice of the United States to a seven year term on the Foreign Intelligence Surveillance Court.[2] The Court provides a measure of judicial oversight over surveillance activities under the Foreign Intelligence Surveillance Act, as amended. Judge Collyer's term on the FIS Court began on March 8, 2013 and will conclude on March 7, 2020. She replaces Judge John D. Bates, whose term ended on February 21, 2013.

In September 2011, Collyer authored an opinion accepting the Central Intelligence Agency's view that for the CIA to acknowledge the fact that it had an interest in the use of drones for targeted killing would pose unacceptable damage to national security.[5] On March 15, 2013, the U.S. Court of Appeals for the D.C. Circuit unanimously reversed Judge Collyer's decision.[6]

http://en.wikipedia.org/wiki/Rosemary_M._Collyer



Nominated by President G. W. Bush, United States District Court, District of Columbia, August 1, 2002

http://votesmart.org/candidate/biography/144354/rosemary-collyer#.U1sckPldXUU

[ProSense]

2. Thanks for posting. n/t

[FarCenter]

3. ++