In his symposium speech, the General Counsel of the National Security Agency, Raj De attempts to bridge the gap between the public discourse about NSA and the reality of the legal rules, oversight, and responsibility that currently exist at the agency. De sought to clarify NSA’s activities relating to data collection and storage and what legal authorities the agency relies on. De makes clear that certain limitations are imposed on NSA practices, including minimization and retention procedures within the agency and oversight from both the executive and legislative branches and the FISC.
This article examines the controversy surrounding bulk telephone metadata collection that has ensued since their disclosure in June 2013. The author analyzes the “use of tangible things” provision to acquire telephony metadata, including limitations on this practice, the statutory issues such a practice raises, and the ways in which the Foreign Intelligence Surveillance Court has decided on the issue since 2006. This article concludes that the Executive’s response, as delineated in a January 2014 speech, has yet to be fully implemented; however, the author argues that the disclosures have nonetheless raised new questions about the relative values of privacy and transparency in US intelligence.