At the request of the FBI, the Foreign Intelligence Surveillance Court ordered a Verizon subsidiary to surrender the telephone records of its U.S. business customers to the National Security Agency for at least a three month period beginning last April 25.
Several features of the operation are problematic, to say the least. The FISC order is sweeping in scope, encompassing “all” call metadata (telephone numbers of callers and recipients, time, duration and more, though not the substantive contents of any conversation). It is unfocused on any designated target of investigation. It is prospective, requiring reporting of future telephone calls that have not yet taken place. And as such, it would seem to exceed any reasonable presumption of what the consent of the governed would allow.
At first glance, this appears to be a massive overreach by the government, as well as a massive failure of congressional oversight and judicial review to curb the Administration’s excess. (NYT, WP, WSJ)