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As a result of the legislation, law enforcement agencies in California now have to get a warrant from a judge before they can force a business to disclose or provide access to electronic information, including metadata, email, text messages or documents stored online in the cloud.
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Nearly two years into the congressional debate over the use and legality of Section 215, the report provides the first official confirmation that the "tangible things" obtained by the F.B.I. through Section 215 include not just phone metadata but "email transactional records" and two full lines of other uses, all of which the F.B.I. saw fit to redact.
Questions about U.S. government spying on civilians and foreign officials burst into the open in June when Snowden, now living in asylum in Russia, leaked documents outlining widespread collection of telephone metadata and email.
Beyond interviews, the report was informed by forensic evidence, metadata and emails retrieved from computer hard drives.
But more recently, the court has radically expanded the reach of its rulings, approving government requests to collect massive troves of telephone metadata and emails.
What's remarkable about this FOIA release, however, is that the NSA admitted it removed the metadata in emails related to its discussions about Snowden.
In 2014, according to an annual report published by the Privacy and Civil Liberties Oversight Group (PLCOB), the FBI was, very quietly, given direct and mostly unlimited access to NSA files containing enormous collections of metadata — international emails, texts and phone calls — many of which had an American citizen on one end of the phone or computer.
But email metadata is different.
In reality, it is hard to distinguish email metadata from email content.
But Glenn Greenwald, among others, has said that's a distinction without a difference: "In reality, it is hard to distinguish email metadata from email content".
The DoJ quickly convinced the Fisa court to authorize ongoing bulk collection of email metadata records.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com