Editing National Security Agency (section)

=== Section 215 metadata collection ===
On April 25, 2013, the NSA obtained a court order requiring [[Verizon]]'s Business Network Services to provide [[metadata]] on all calls in its system to the NSA "on an ongoing daily basis" for three months, as reported by ''[[The Guardian]]'' on June 6, 2013. This information includes "the numbers of both parties on a call&nbsp;... location data, call duration, unique identifiers, and the time and duration of all calls" but not "[t]he contents of the conversation itself". The order relies on the so-called "business records" provision of the Patriot Act.<ref>{{cite news|author=Glenn Greenwald|title=Revealed: NSA collecting phone records of millions of Americans daily|url=https://www.theguardian.com/world/2013/jun/06/nsa-phone-records-verizon-court-order|access-date=June 6, 2013|location=London|work=The Guardian|date=June 6, 2013|author-link=Glenn Greenwald|archive-date=October 12, 2019|archive-url=https://web.archive.org/web/20191012153115/https://www.theguardian.com/world/2013/jun/06/nsa-phone-records-verizon-court-order|url-status=live}}</ref><ref name=NYTimes2013-06-05>{{cite news| url = https://www.nytimes.com/2013/06/06/us/us-secretly-collecting-logs-of-business-calls.html| title = U.S. Is Secretly Collecting Records of Verizon Calls| newspaper = [[The New York Times]]| date = 2013-06-05| author = [[Charlie Savage (author)|Charlie Savage]], Edward Wyatt| access-date = 2024-06-07| archive-date = 2024-05-12| archive-url = https://web.archive.org/web/20240512131030/https://www.nytimes.com/2013/06/06/us/us-secretly-collecting-logs-of-business-calls.html| url-status = live}}</ref>

In August 2013, following the Snowden leaks, new details about the NSA's data mining activity were revealed. Reportedly, the majority of emails into or out of the United States are captured at "selected communications links" and automatically analyzed for keywords or other "selectors". Emails that do not match are deleted.<ref name="SavageBroaderSifting">{{cite news|url=https://www.nytimes.com/2013/08/08/us/broader-sifting-of-data-abroad-is-seen-by-nsa.html|title=N.S.A. Said to Search Content of Messages to and From U.S|author=Savage, Charlie|date=August 8, 2013|access-date=August 13, 2013|work=[[The New York Times]]|author-link=Charlie Savage (author)|archive-date=August 13, 2013|archive-url=https://web.archive.org/web/20130813023342/https://www.nytimes.com/2013/08/08/us/broader-sifting-of-data-abroad-is-seen-by-nsa.html|url-status=live}}</ref> The utility of such a massive metadata collection in preventing terrorist attacks is disputed. Many studies reveal the dragnet-like system to be ineffective. One such report, released by the [[New America Foundation]] concluded that after an analysis of 225 terrorism cases, the NSA "had no discernible impact on preventing acts of terrorism."<ref name="washingtonpost2014">Nakashima, Ellen. [https://web.archive.org/web/20140113192921/http://www.washingtonpost.com/world/national-security/nsa-phone-record-collection-does-little-to-prevent-terrorist-attacks-group-says/2014/01/12/8aa860aa-77dd-11e3-8963-b4b654bcc9b2_story.html "NSA phone record collection does little to prevent terrorist attacks, the group says"], ''The Washington Post'', January 12, 2014</ref>

Defenders of the program said that while metadata alone cannot provide all the information necessary to prevent an attack, it assures the ability to "connect the dots"<ref name="washingtonpost.com">Nakashima, Ellen. [https://www.washingtonpost.com/world/national-security/nsa-chief-defends-collecting-americans-data/2013/09/25/5db2583c-25f1-11e3-b75d-5b7f66349852_story.html / "NSA chief defends collecting Americans' data"] {{Webarchive|url=https://web.archive.org/web/20230326034532/https://www.washingtonpost.com/world/national-security/nsa-chief-defends-collecting-americans-data/2013/09/25/5db2583c-25f1-11e3-b75d-5b7f66349852_story.html |date=2023-03-26 }}, ''The Washington Post'', September 25, 2013</ref> between suspect foreign numbers and domestic numbers with a speed only the NSA's software is capable of. One benefit of this is quickly being able to determine the difference between suspicious activity and real threats.<ref>{{Cite book|url=https://www.nap.edu/read/11896/chapter/11|year=2007|doi=10.17226/11896|isbn=978-0-309-10392-3|language=en|title=Engaging Privacy and Information Technology in a Digital Age|access-date=2024-06-07|archive-date=2022-03-27|archive-url=https://web.archive.org/web/20220327084941/https://www.nap.edu/read/11896/chapter/11|url-status=live}}</ref> As an example, NSA director General [[Keith B. Alexander]] mentioned at the annual Cybersecurity Summit in 2013, that metadata analysis of domestic phone call records after the [[Boston Marathon bombing]] helped determine that rumors of a follow-up attack in New York were baseless.<ref name="washingtonpost.com"/> In addition to doubts about its effectiveness, many people argue that the collection of metadata is an unconstitutional invasion of privacy. {{As of|2015}}, the collection process remained legal and grounded in the ruling from ''[[Smith v. Maryland]]'' (1979). A prominent opponent of the data collection and its legality is [[U.S. District Judge]] [[Richard J. Leon]], who issued a report in 2013<ref>[https://apps.washingtonpost.com/g/page/world/federal-judge-rules-nsa-program-is-likely-unconstitutional/668/ Federal judge rules NSA program is likely unconstitutional] {{Webarchive|url=https://web.archive.org/web/20170830105413/https://apps.washingtonpost.com/g/page/world/federal-judge-rules-nsa-program-is-likely-unconstitutional/668/ |date=2017-08-30 }}, ''The Washington Post'', December 16, 2013</ref> in which he stated: "I cannot imagine a more 'indiscriminate' and 'arbitrary invasion' than this systematic and high tech collection and retention of personal data on virtually every single citizen for purposes of querying and analyzing it without prior judicial approval...Surely, such a program infringes on 'that degree of privacy' that the founders enshrined in the [[Fourth Amendment to the United States Constitution|Fourth Amendment]]".

As of May 7, 2015, the United States Court of Appeals for the Second Circuit ruled that the interpretation of Section 215 of the Patriot Act was wrong and that the NSA program that has been collecting Americans' phone records in bulk is illegal.<ref>[https://www.washingtonpost.com/opinions/the-nsa-went-too-far/2015/05/10/02635924-f5aa-11e4-b2f3-af5479e6bbdd_story.html New Rules for the National Security Agency] {{Webarchive|url=https://web.archive.org/web/20230326034649/https://www.washingtonpost.com/opinions/the-nsa-went-too-far/2015/05/10/02635924-f5aa-11e4-b2f3-af5479e6bbdd_story.html |date=2023-03-26 }} by the editorial board on May 10, 2015</ref> It stated that Section 215 cannot be interpreted to allow government to collect national phone data and, as a result, expired on June 1, 2015. This ruling "is the first time a higher-level court in the regular judicial system has reviewed the NSA phone records program."<ref name=NYTimes2015-05-07>{{cite news| url = https://www.nytimes.com/2015/05/08/us/nsa-phone-records-collection-ruled-illegal-by-appeals-court.html| title = N.S.A. Collection of Bulk Call Data is Ruled Illegal| newspaper = [[The New York Times]]| date = 2015-05-07| author = [[Charlie Savage (author)|Charlie Savage]], Jonathan Weisman| access-date = 2024-06-07| archive-date = 2024-05-18| archive-url = https://web.archive.org/web/20240518131549/https://www.nytimes.com/2015/05/08/us/nsa-phone-records-collection-ruled-illegal-by-appeals-court.html| url-status = live}}</ref> The replacement law known as the [[USA Freedom Act]], which will enable the NSA to continue to have bulk access to citizens' metadata but with the stipulation that the data will now be stored by the companies themselves.<ref name=NYTimes2015-05-07 /> This change will not have any effect on other Agency procedures—outside of metadata collection—which have purportedly challenged Americans' Fourth Amendment rights,<ref>{{cite web|title=Rand Paul vs. Washington DC on the USA Freedom Act|url=http://hotair.com/standing-athwarth-history-yelling-stop/2015/05/31/rand-paul-vs-washington-dc-on-the-usa-freedom-act/|website=HotAir|access-date=2015-06-02|archive-url=https://web.archive.org/web/20150602001207/http://hotair.com/standing-athwarth-history-yelling-stop/2015/05/31/rand-paul-vs-washington-dc-on-the-usa-freedom-act/|archive-date=2015-06-02|url-status=dead}}</ref> including [[Upstream collection]], a mass of techniques used by the Agency to collect and store American's data/communications directly from the [[Internet backbone]].<ref name=slides>Top Level Telecommunications, [http://electrospaces.blogspot.com/2014/01/slides-about-nsas-upstream-collection.html Slides about NSA's Upstream collection] {{Webarchive|url=https://web.archive.org/web/20191108055615/https://electrospaces.blogspot.com/2014/01/slides-about-nsas-upstream-collection.html |date=2019-11-08 }}, January 17, 2014</ref>

Under the Upstream collection program, the NSA paid telecommunications companies hundreds of millions of dollars in order to collect data from them.<ref>[https://www.washingtonpost.com/world/national-security/nsa-paying-us-companies-for-access-to-communications-networks/2013/08/29/5641a4b6-10c2-11e3-bdf6-e4fc677d94a1_story.html NSA paying U.S. companies for access to communications networks] {{Webarchive|url=https://web.archive.org/web/20140328125616/http://www.washingtonpost.com/world/national-security/nsa-paying-us-companies-for-access-to-communications-networks/2013/08/29/5641a4b6-10c2-11e3-bdf6-e4fc677d94a1_story.html |date=2014-03-28 }} by Craig Timberg and Barton Gellman on August 29, 2013</ref> While companies such as Google and Yahoo! claim that they do not provide "direct access" from their servers to the NSA unless under a court order,<ref>[http://www.digitalspy.com/tech/news/a487943/nsa-prism-controversy-apple-facebook-google-more-deny-knowledge.html#~pbKCS2AUgt8krC NSA PRISM Controversy: Apple, Facebook, Google, more deny knowledge] {{Webarchive|url=https://web.archive.org/web/20151016020520/http://www.digitalspy.com/tech/news/a487943/nsa-prism-controversy-apple-facebook-google-more-deny-knowledge.html#~pbKCS2AUgt8krC |date=2015-10-16 }} by Digital Spy on June 6, 2013</ref> the NSA had access to emails, phone calls, and cellular data users.<ref>[https://www.theguardian.com/world/2014/feb/03/microsoft-facebook-google-yahoo-fisa-surveillance-requests Microsoft, Facebook, Google and Yahoo release US surveillance requests] {{Webarchive|url=https://web.archive.org/web/20170106175615/https://www.theguardian.com/world/2014/feb/03/microsoft-facebook-google-yahoo-fisa-surveillance-requests |date=2017-01-06 }} by Spencer Ackerman and Dominic Rushe on February 3, 2014</ref> Under this new ruling, telecommunications companies maintain bulk user metadata on their servers for at least 18 months, to be provided upon request to the NSA.<ref name=NYTimes2015-05-07 /> This ruling made the mass storage of specific phone records at NSA datacenters illegal, but it did not rule on Section 215's constitutionality.<ref name=NYTimes2015-05-07 />