As we reported after the August 2013 release of declassified court documents, Judge Reggie Walton lambasted the government’s mistakes on the business records metadata collection program.
According to his newly released March 2009 FISC order PDF, the court required the NSA to only access the vast metadata archive when there is a “reasonable, articulable suspicion [RAS] that the telephone identifier is associated with [REDACTED]” as of February 2009.
Presumably that association has something to do with a terrorism or national security threat. That same 2009 FISC order says that the government had not lived up to the court’s requirements.
Parallel construction is a huge problem. Unless these 2-3 tip per day are all terrorists (impossible), that is a bunch of criminal cases where the defense won’t get to properly challenge evidence.