The Electronic Frontier Foundation has asked the U.S. Supreme Court to intervene in its effort to obtain a copy of a secret government memo authorizing the FBI to collect phone records.

The EFF, a digital rights group, on Tuesday asked the Supreme Court to decide whether a January 2010 U.S. Department of Justice Office of Legal Counsel [OLC] opinion, apparently allowing the FBI to informally collect phone records from telecom carriers without further legal authority, should be made public.

The OLC opinion “establishes the scope of the executive branch’s authority to obtain private communications records without legal process or a qualifying emergency, despite apparent statutory prohibitions to the contrary,” EFF’s lawyers wrote in their request to the Supreme Court.

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