A federal appeals court ruled Thursday that the National Security Agency's bulk collection of Americans' telephone records is illegal.
The U.S. Court of Appeals for the 2nd Circuit in New York determined that the collection of metadata was not authorized by Congress due in part to the secrecy of the program.
Writing for the three-judge appeals court panel, Judge Gerard Lynch called the expansive collection of formerly private records an unprecedented contraction of the privacy expectations of all Americans.
"Perhaps such a contraction is required by national security needs in the face of the dangers of contemporary domestic and international terrorism," Lynch wrote.
"But we would expect such a momentous decision to be preceded by substantial debate, and expressed in unmistakable language," he added. "There is no evidence of such a debate."
However, the court did not rule on the constitutionality of the program and sent the matter back to a lower court that previously dismissed the case.
The ruling also upheld the lower court's denial of an injunction to stop the data collection, noting that Congress is set to debate extending the provisions the government claims authorized the program.
"In light of the asserted national security interests at stake, we deem it prudent to pause to allow an opportunity for debate in Congress that may (or may not) profoundly alter the legal landscape," Lynch wrote for the panel.
Key provisions of the Patriot Act are currently scheduled to expire on June 1st, setting up a potentially contentious Congressional debate in the coming weeks.
Despite widespread criticism of the bulk data collection, two leading Senate Republicans introduced legislation last month to extend the authority to conduct the program for more than five years.
The legislation was introduced by Senate Majority Leader Mitch McConnell, R-Ken., and Senate Intelligence Committee Chairman Richard Burr, R-N.C.
Adding to the controversy over the legislation, McConnell invoked a Senate rule to put the bill on the calendar without having to go through the traditional committee process.
Meanwhile, a bipartisan group of lawmakers introduced a separate bill they say ends the bulk data collection and requires greater oversight, transparency, and accountability with respect to domestic surveillance authorities.
Senate Judiciary Committee Ranking Member Patrick Leahy, D-Vt., and Sen. Mike Lee, R-Utah, introduced the bill in the Senate.
The Senate version of the bill is co-sponsored by a bipartisan group of eight Senators, including Republican presidential candidate Sen. Ted Cruz, R-Tex.
An identical bill was introduced in the House by Rep. Jim Sensenbrenner, R-Wis., House Judiciary Committee Chairman Bob Goodlatte, R-Virg., House Judiciary Committee Ranking Member John Conyers, D-Mich., and others.
In a statement, the American Civil Liberties Union praised the ruling by the appeals court and argued the proposals from Congress look anemic in light of the serious issues raised by the court.
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