9th Circ. Calls Snowden-Leaked NSA Data Collection Unlawful
Law360 (September 2, 2020, 11:49 PM EDT) — The Ninth Circuit determined Wednesday that the National Security Agency’s collection of the telephone metadata of millions of Americans, as revealed by whistleblower Edward Snowden in 2013, was unlawful and might have been unconstitutional.
In a unanimous, published decision penned by U.S. Circuit Judge Marsha S. Berzon, the panel found the NSA’s data collection violated the Foreign Intelligence Surveillance Act and may have also violated the Fourth Amendment — a declaration that privacy advocates called a win.
Under FISA, the government was required to show that records it intended to collect were relevant to an authorized investigation, something it didn’t do…