Devlin Barrett and Siobhan Gorman
The Wall Street Journal
February 20, 2014
The government is considering enlarging the National Security Agency’s controversial collection of Americans’ phone records—an unintended consequence of lawsuits seeking to stop the surveillance program, according to officials.
A number of government lawyers involved in lawsuits over the NSA phone-records program believe federal-court rules on preserving evidence related to lawsuits require the agency to stop routinely destroying older phone records, according to people familiar with the discussions. As a result, the government would expand the database beyond its original intent, at least while the lawsuits are active.
No final decision has been made to preserve the data, officials said, and one official said that even if a decision is made to retain the information, it would be held only for the purpose of litigation and not be subject to searches. The government currently collects phone records on millions of Americans in a vast database that it can mine for links to terror suspects. The database includes records of who called whom, when they called and for how long.