Now that the mass collection of telephone records by the NSA under Section 215 of the Patriot Act has ended due to the passage of USA Freedom, the question has arisen: what should the NSA do with the big mass of records that it already has? The secret FISA Court recently asked the government what it thinks should happen, and EFF sent a letter to the FISA Court (by way of the Department of Justice, asking that it be conveyed to the Court) giving our perspective. EFF, and our clients, are in the thick of these questions because of our two pending cases, Jewel v. NSA and First Unitarian Church of Los Angeles v. NSA. In both cases, we sought not only the end of the mass telephone records program, but also a remedy for the past 14 years that the records were illegally collected. In both cases, we have orders from the court requiring the government to preserve relevant evidence, including our clients' call records. We sued to stop the government from collecting the records in…
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