BULK COLLECTION OF TELEPHONY METADATA\ UNDER SECTION 215 OF THE USA PATRIOT ACT

This white paper explains the Government’s legal basis for an intelligence collection program under which the Federal Bureau of Investigation (FBI) obtains court orders directing certain telecommunications service providers to produce telephony metadata in bulk. The bulk metadata is stored, queried and analyzed by the National Security Agency (NSA) for counterterrorism purposes. The Foreign Intelligence Surveillance Court (“the FISC” or “the Court”) authorizes this program under the “business records” provision of the Foreign. Intelligence Surveillance Act (FISA), 50 U.S.C. �� 1861, enacted as section 215 of the USA PATRIOT Act (Section 215). The Court first authorized the program in 2006, and it has since been renewed thirty-four times under orders issued by fourteen different FISC judges. This paper explains why the telephony metadata collection program, subject to the restrictions imposed by the Court, is consistent with the Constitution and the standards set forth by Congress in Section 215. Because aspects of this program remain classified, there are limits to what can be said publicly about the facts underlying its legal authorization. This paper is an effort to provide as much information as possible to the public concerning the legal authority for this program, consistent with the need to protect national security, including intelligence sources and methods. While this paper summarizes the legal basis for the program, it is not intended to be an exhaustive analysis of the program or the legal arguments or authorities in support of it.

Spotlight

Employment Development Department

The State of California Labor & Workforce Development Agency (LWDA) is an executive branch Agency, and the Secretary is a member of the Governor’s Cabinet. The Agency oversees seven major departments, boards and panels that serve California businesses and workers.

OTHER WHITEPAPERS
news image

US–China Strategic Competition The Quest for Global Technological Leadership

whitePaper | November 9, 2019

The underlying driver of the ongoing US–China trade war is a race for global technological dominance. President Trump has raised a number of issues regarding trade with China – including the US’s trade deficit with China and the naming of China as a currency manipulator. But at the heart of the ongoing tariff escalation are China’s policies and practices regarding forced technology transfer, intellectual property theft and non-market distortions.

Read More
news image

Your cloud tech guide for government

whitePaper | February 9, 2022

Cloud technologies are widely used, benefitting all sectors of the Australian economy. But there is a widespread lack of common understanding, including among Australia’s policy makers, as to what the cloud is, what it does and how it can be safely and securely adopted.

Read More
news image

Key tips to safeguard your government department

whitePaper | April 28, 2022

The Wall Street Journal called the hybrid workplace a “Cybersecurity Nightmare,” and characterized it as “a hacker’s dream—a constantly changing mix of office and remote workers, devices that move in and out of the company networks, and security staffs stretched thin.” The Wall Street Journal also briefly called out how organizations gain control over this environment – with strong identity-centric security and zero trust.

Read More
news image

Cybersecurity Modernization - Transform Government While Controlling Business Risk

whitePaper | December 17, 2019

Moving systems to the cloud, introducing mobile devices into the workforce, investing in smart city projects and undergoing other modernization efforts can introduce risk if agencies can't sufficiently protect their data. According to a recent survey, 92 percent of government respondents will use sensitive data in an advanced technology within the year, yet 96 percent consider themselves "vulnerable."

Read More
news image

Overcoming eDiscovery Challenges for Government Agencies

whitePaper | March 16, 2023

Public agencies experience unique challenges that aren’t found in the private sector. Agencies have to comply with constitutional requirements, and usually do so on tighter budgets and with limited staff members. Our whitepaper explores the biggest challenges government teams are facing with eDiscovery.

Read More
news image

A unified approach to adaptive data and analytics governance

whitePaper | June 13, 2022

Adaptive data and analytics governance enables organizations to manage and organize their data, while also creating processes to maximize collaboration and produce insightful business-driven outcomes. With a world-class adaptive data and analytics governance solution, you can build a truly data intelligent company.

Read More

Spotlight

Employment Development Department

The State of California Labor & Workforce Development Agency (LWDA) is an executive branch Agency, and the Secretary is a member of the Governor’s Cabinet. The Agency oversees seven major departments, boards and panels that serve California businesses and workers.

Events