This undated photo provided by the National Security Agency (NSA) shows its headquarters in Fort Meade, Maryland.\u00a0 NSA via Getty Images<\/p>\n
WASHINGTON - Three U.S. appeals court judges struggled Tuesday over whether the National Security Agency's phone data surveillance program is an intelligence-gathering tool that makes the nation safer or an intrusive threat that endangers privacy. <\/p>\n
The judges - all appointed by Republican presidents - expressed uncertainty about where to draw the line between legal surveillance and violations of constitutional rights. <\/p>\n
Since 2006, the FBI has obtained orders from the secret Foreign Intelligence Surveillance Court directing phone companies to produce telephone \"metadata\" - outgoing phone numbers dialed and numbers from incoming calls - to the government. <\/p>\n
The NSA consolidates the records into a searchable database in the hunt for terror suspects. <\/p>\n
During the hour-and-a-half hearing, Judge David Sentelle questioned whether it is an invasion of privacy if the NSA simply collects the data, stopping short of using it. <\/p>\n
Is it not an invasion \"with mere collection?\" asked Sentelle. <\/p>\n
It is not, replied Justice Department lawyer H. Thomas Byron. <\/p>\n
Arguing against the NSA program, activist attorney Larry Klayman disputed Byron, telling Judge Janice Rogers Brown that \"collection is enough\" to justify pursuing the lawsuit against the government. <\/p>\n
Klayman won the first round in December when U.S. District Judge Richard Leon, a Republican appointee, ruled that the NSA's surveillance program likely runs afoul of the Constitution's ban on unreasonable searches. The government is seeking to have Leon's ruling thrown out. <\/p>\n
<\/p>\n
View original post here:<\/p>\n
Federal appeals court struggles over NSA program's legality<\/a><\/p>\n","protected":false},"excerpt":{"rendered":" This undated photo provided by the National Security Agency (NSA) shows its headquarters in Fort Meade, Maryland.\u00a0 NSA via Getty Images WASHINGTON - Three U.S. Continue reading