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Electronic Frontier Foundation

NSA's Novel Claim: Our Systems Are Too Complex To Obey the Law 245

Reader Bruce66423 (1678196) points out skeptical-sounding coverage at the Washington Post of the NSA's claim that it can't hold onto information it collects about users' online activity long enough for it to be useful as evidence in lawsuits about the very practice of that collection. From the article: 'The agency is facing a slew of lawsuits over its surveillance programs, many launched after former NSA contractor Edward Snowden leaked information on the agency's efforts last year. One suit that pre-dates the Snowden leaks, Jewel v. NSA, challenges the constitutionality of programs that the suit allege collect information about Americans' telephone and Internet activities. In a hearing Friday, U.S. District for the Northern District of California Judge Jeffrey S. White reversed an emergency order he had issued earlier the same week barring the government from destroying data that the Electronic Frontier Foundation had asked be preserved for that case. The data is collected under Section 702 of the Amendments Act to the Foreign Intelligence Surveillance Act. But the NSA argued that holding onto the data would be too burdensome. "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," wrote NSA Deputy Director Richard Ledgett in a court filing submitted to the court. The complexity of the NSA systems meant preservation efforts might not work, he argued, but would have "an immediate, specific, and harmful impact on the national security of the United States.' Adds Bruce66423: "This of course implies that they have no backup system — or at least that the backup are not held for long."

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