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The three-judge panel issued its ruling Friday, contending that conservative privacy activist Larry Klayman had not adequately argued the likeliness that his own data had been collected as a part of the metadata collection program.
Coll said: The metadata collection can be used for criminal prosecutions and is used for criminal prosecutions..
When new revelations disproved this last June, Clapper then said the NSA had to keep the metadata collection program a secret for national security purposes.
Its conclusion echoed Senator Ron Wyden, an Oregon Democrat on the intelligence committee, who has likened the metadata collection to a "human relations database".
Leon's opinion contained stern and repeated warnings that he was inclined to rule that the metadata collection performed by the NSA – and defended vigorously by the NSA director Keith Alexander on CBS on Sunday night – was unconstitutional.
As the U.S. District Court Judge Richard Leon wrote last month, in an opinion that strongly suggests that the metadata collection could be found unconstitutional, "Records that once would have revealed a few scattered tiles of information about a person now reveal an entire mosaic — a vibrant and constantly updating picture of a person's life".
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Two weeks later, in New York, Judge William H. Pauley III ruled that the metadata-collection program was lawful and effective.
In December, a judge in a different case found that the metadata-collection program probably is unconstitutional.
For now, Leon's opinion may be an outlier, but, for the first time, the constitutional underpinning of the metadata-collection program — which the White House and top intelligence officials had deemed unassailable — has been shattered by a federal judge.
Among the expiring programs was the bulk metadata collection program, perhaps the most contentious of those revealed by Edward Snowden.
But Comey's act of defiance did not end the IP metadata collection, the documents reveal.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com