Courts have already had a lot to say about the constitutionality of warrantless cell phone location tracking. And there is reason to believe the secret surveillance court might not consider important precedent.
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An August decision by the secret surveillance court that reaffirmed the National Security Agency’s authority to maintain a database of phone metadata was released Tuesday, putting on full display for the first time the reasoning the court has used to authorize the program.
New evidence that a secret court decision overturned a 2008 ban on certain types of surveillance adds to evidence that the secret Foreign Intelligence Surveillance Court’s work is interpreting and expanding the law without any sunlight, review, or public debate on how the statute is being interpreted.