NSA surveillance: Court says US government's collection of mass data is illegal

Court has asked Congress to step in

Argentine journalists said they accessed the database leaked by Snowden that allegedly showed Argentina had been a 'clear victim' of cyber-attacks (AP)

In an embarrassing blow to the Obama administration, a court has ruled that the collection of mass data from Americans' phone records is illegal.

The Associated Press said a court in New York said the bulk collection of phone records by the government exceeds what Congress has allowed. The federal appeals court asked Congress to step in and decide how best to protect national security and privacy interests.

The Second Circuit Court of Appeals ruled that the law the government was relying on to justify its actions – Section 215 of the Patriot Act – did not permit the actions on such a scale.

The American Civil Liberties Union, a campaign group that had brought a legal challenge to the government, said the ruling was a "landmark" decision.

“This decision is a resounding victory for the rule of law,” said ACLU lawyer Alex Abdo, “For years, the government secretly spied on millions of innocent Americans based on a shockingly broad interpretation of its authority."

US Attorney General Loretta Lynch said the government was examining the court's announcement. "We are reviewing that decision," Ms Lynch said on Capitol Hill, according to Reuters.

Secret NSA documents leaked in 2013 to journalists by contractor Edward Snowden revealed that the agency was collecting phone records and digital communications of millions of citizens not suspected of crimes and prompting congressional reform. Mr Snowden remains exiled in Russia.

Loretta Lynch is the first black woman to be appointed US Attorney General (REUTERS)

A three-judge panel of the 2nd US Circuit Court of Appeals in Manhattan permitted the National Security Agency programme to continue temporarily as it exists, and all but pleaded for Congress to better define where the boundaries exist.

“In light of the asserted national security interests at stake, we deem it prudent to pause to allow an opportunity for debate in Congress that may (or may not) profoundly alter the legal landscape,” said the opinion written by Circuit Judge Gerald Lynch.

“If Congress decides to authorize the collection of the data desired by the government under conditions identical to those now in place, the program will continue in the future under that authorization.”

It added: “If Congress decides to institute a substantially modified program, the constitutional issues will certainly differ considerably from those currently raised.”