government admits
computers search all records
to match a search term
that the search is con-
ducted by a machine might
lessen intrusion
does not deprive of
standing to object to col-
lection and review
government collects
appellants'metadata
associations
appellants' members'
int'rests in keeping private
chilling at that point
not as usual
a particular subject;
a vast data bank
lawsuits challenging
government's expansive use
not contemplated
http://pdfserver.amlaw.com/nlj/NSA_ca2_20150507.pdf
excerpts:
@p.31
Finally, the government admits that, when it queries its database, its computers search all of the material stored in the database in order to identify records that match a search term. In doing so, it necessarily searches appellants' records electronically, even if such a search does not return appellants' records for close review by a human agent.
That the search is conducted by a machine might lessen the intrusion, but does not deprive appellants of standing to object to the collection and review of their data.
@p.32
When the government collects appellants' metadata, appellants' members' interests in keeping their associations and contacts private are implicated, and any potential "chilling effect" is created at that point. Appellants have therefore a concrete, fairly traceable, and redressable injury sufficient to confer standing....
@47
The risk of massive numbers of lawsuits challenging the same orders, and thus risking inconsistent outcomes and confusion about the legality of the program, occurs only in connection with the existence of orders authorizing the collection from millions of people. Orders targeting limited numbers of persons under investigation could be challenged only by the individuals targeted - who, it was expected, would never learn of the orders in the first place. It is only in connection with the government's expansive use of [Section]215 (which . . . was not contemplated by Congress) that these risks would create concern.
@55
[T]he government does not seek the records, as is usual in a grand jury investigation, so as to review them in search of evidence bearing on a particular subject, but rather seeks the records to create a vast data bank, to be kept in reserve and queried if and when some particular set of records might be relevant to a particular investigation.