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Criminal Procedure Keyed to Ohlin
ACLU v. Clapper
Citation:959 F.Supp. 2d 724 (2013)
Prior to the September 11th attacks, the National Security Agency (NSA) intercepted seven calls made by hijacker Khalid al-Mihdhar, who was living in San Diego, California, to an al-Qaeda safe house in Yemen. The NSA intercepted those calls using overseas signals intelligence capabilities that could not capture al-Mihdhar’s telephone number identifier. Without that transfer, NSA analysts concluded mistakenly that al-Mihdhar was overseas and not in the United States. Telephony metadata would have furnished the missing information and might have permitted the NSA to notify the Federal Bureau of Investigation of the fact that al-Mihdhar was calling the Yemeni safe house from inside the United States. The Government learned from its mistake and adapted to confront a new enemy. It launched a number of counter-measures, including a bulk telephony metadata collection program.
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