I'm tired of the revisionist history that the Patriot Act led to the NSA meta-data program. The Patriot Act was not used to justify the program until after it had been operating for many years.
In 2006, according to the report, the N.S.A. was faced with another legal challenge when The New York Times disclosed the existence of the warrantless surveillance program. In response to the disclosures, one of the telephone companies that was secretly providing its customers’ data to the N.S.A. on a voluntary basis asked for a court order compelling it to comply to protect itself legally, forcing the Bush administration to develop new legal theories to support other surveillance.
That May, the national-security court issued its first order to the telephone companies to log metadata from phone calls, citing a provision in the Patriot Act that allowed the government to obtain business records deemed to be “relevant” to a counterterrorism investigation.
