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The FISA court also repeatedly rebuked the N.S.A. for its collection of Internet metadata.
But the storied confrontation at Ashcroft's bedside did not put an end to the bulk collection of internet metadata.
After Mr. Bush's order to end the collection of Internet metadata, administration lawyers looked for a new legal basis to restart the program.
Among the newly released documents is an opinion written in July 2004 by Colleen Kollar-Kotelly, the former presiding judge of the Fisa court, authorizing the bulk collection of internet metadata from US switches.
It was apparently more difficult to get the court's agreement on a legal justification for the collection of the contents of phone calls and e-mails than of Internet metadata.
In early March of 2004, Deputy Attorney General James Comey, who was serving as the acting Attorney General while John Ashcroft was in the hospital, determined that three of the four STELLARWIND programs were legal, but that the program involving the bulk collection of Internet metadata was not.
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In October 2007, Robert Gates, the secretary of defense, signed a set of "Supplemental Procedures" on internet metadata, including what it could do with Americans' data linked in its contact chains.
Does the Fourth Amendment extend to Internet metadata, which is data about data?
The purpose of this internet metadata collection program is detailed in the full classified March 2009 draft report prepared by the NSA's inspector general (IG).
According to a top-secret draft report by the NSA's inspector general – published for the first time today by the Guardian – the agency began "collection of bulk internet metadata" involving "communications with at least one communicant outside the United States or for which no communicant was known to be a citizen of the United States".
The major difference is that now the collection and analysis of phone and internet "metadata" receives the blessing of the Fisa court, albeit without a specific finding that the bulk collection targets people suspected of a crime.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com