A secret court order that authorised a massive trawl by the National Security Agency of Americans' email and internet data was published for the first time on [November 18], among a trove of documents that also revealed a judge's concern that the NSA continuously" and "systematically" violated the limits placed on the program. Another later court order found that what it called "systemic overcollection" had taken place. In a heavily redacted opinion Colleen Kollar-Kotelly, the former presiding judge of the FISA court, placed legal weight on the methods of surveillance employed by the NSA, which had never before collected the internet data of "an enormous volume of communications". The methods, known as pen registers and trap-and-trace devices, record the incoming and outgoing routing information of communications. Kollar-Kotelly ruled that acquiring the metadata, and not the content, of email and internet usage in bulk was harmonious with the "purpose" of Congress and prior court rulings - even though no surveillance statute ever authorized it and top officials at the Justice Department and the FBI threatened to resign in 2004 over what they considered its dubious legality. The type of data collected under the program included information on the "to", "from" and "bcc" lines of an email rather than the content. Metadata, wrote Kollar-Kotelly, enjoyed no protection under the fourth amendment to the US constitution, a precedent established by the Supreme Court in 1979 in a single case on which the NSA relies currently.
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