U.S. District Judge Richard Leon in December criticized the
agency's so-called metadata counter-terrorism program and said he
could not imagine a more "indiscriminate" and "arbitrary invasion."
The Justice Department asked the U.S. Court of Appeals for the
District of Columbia Circuit to reconsider Leon's opinion.
Another federal judge in Manhattan also ruled on the collection
efforts last month, but found it lawful, calling it a
"counter-punch" to terrorism that does not violate privacy rights.
The divergent opinions raised the prospect that the Supreme Court
will need to resolve issues about the program, first disclosed by
former NSA contractor Edward Snowden, who is now in Russia under
temporary asylum.
President Barack Obama has defended the surveillance program, under
which the government has collected millions of raw daily phone
records, but has indicated a willingness to consider constraints. He
is expected to set forth proposals later this month.
(Reporting by Aruna Viswanatha; editing by Howard Goller, Diane
Craft and Andre Grenon)
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