Court reverses, will allow NSA to keep data longer

A federal court reversed an earlier decision and will allow the National Security Agency (NSA) to hold phone records relating to pending lawsuits.

Judge Reggie Walton, siding with plaintiffs who were suing over the legality of the NSA's surveillance programs and wanted the government to retain the data for the lawsuits, issued a restraining order to keep the government from destroying the data. The Department of Justice filed with the surveillance court, asking for clarification on the two conflicting rulings.

"These conflicting directives from federal courts put the government in an untenable position and are likely to lead to uncertainty and confusion," Judge Walton wrote, allowing the government to keep the data. Judge Walton set out limits for how the NSA can use the data it must now retain. Agency personnel can access the data "only for the purpose of ensuring continued compliance with the government's preservation obligations," he wrote.