If you weren’t aware, the NSA is facing a bunch of lawsuits over their overzealous surveillance programs, which were revealed last summer by Edward Snowden.
One of these lawsuits, Jewel v. NSA, was actually filed before the revelations. The class-action lawsuit, filed on behalf of novelist Carolyn Jewel and a number of other ATT customers, challenges the constitutionality of the NSA programs which were collecting data on American’s telephone and internet activity.
As part of the lawsuit, the Electronic Frontier Foundation (who represents the plaintiffs) filed a number of motions to prevent the NSA from destroying data that the EFF planned to use as evidence.
This past Friday, during a hearing over the issue, NSA Deputy Director Richard Ledgett argued that holding on to the info would be too burdensome for the NSA, saying,
“A requirement to preserve all data acquired under section 702 presents significant operational problems, only one of which is that the NSA may have to shut down all systems and databases that contain Section 702 information.”
Ledgett continued by arguing that the complexity of the NSA’s surveillance programs meant that efforts by the NSA to preserve their own data might not even work. Not surprisingly, he also tried to get his way using scare tactics, saying that trying to preserve the data would cause,
“an immediate, specific, and harmful impact on the national security of the United States.”
The EFF was surprised by Ledgett’s argument, since the NSA had already been ordered to preserve the data back in 2009. On top of that, a second restraining order was filed in March to prevent destruction of data.
Either way, the EFF’s legal advisor, Cindy Cohn, isn’t buying Ledgett’s arguments. In a recent interview she had this to say about the concerns he raised:
“To me, it demonstrates that once the government has custody of this information even they can’t keep track of it anymore even for purposes of what they don’t want to destroy… With the huge amounts of data that they’re gathering it’s not surprising to me that it’s difficult to keep track– that’s why I think it’s so dangerous for them to be collecting all this data en masse.”
The EFF has said that there is “no doubt” that the NSA has already destroyed some of the information they requested for the lawsuit, but the actual amount data that has been destroyed thus far is unclear.
Read the full story from The Washington Post here.