Since when was it legal to destroy evidence in a court case? Wander over to Tech Dirt if you want to hear the convoluted nonsensical reasoning.
The case? The ongoing destruction of key evidence in the Jewel v. NSA case.
Let me not waste your time and get to the chase. It’s A-OK for the DOJ to continue to destroy evidence.
About an hour before the hearing, the DOJ presented its opposition to the temporary restraining order, arguing, basically, that it would be too damn complicated to stop destroying evidence in the case. Part of this is because the data collected under the Section 702 program apparently isn’t just one big database, but is quickly fed into all sorts of other systems.
Unlike the Section 215 telephony metadata program, which resides on a discrete computer systems architecture, communications acquired pursuant to Section 702 reside within multiple databases contained on multiple systems. Those databases and systems are designed to effectuate FISC-approved minimization procedures that require (with certain limitations) the destruction (purge) upon recognition of certain communications and the age-off of certain raw data within either two years or five years from the expiration of the certification authorizing its acquisition. Halting these purges and age-offs to preserve all Section 702 material, as we understand the Court to have ordered, would require significant technical changes to these databases and systems and would have the effect of forcing NSA into non-compliance with FISC-approved minimization procedures, thus placing the entire program in legal jeopardy
In short: because we’re ordered to delete some data by the law to avoid spying on Americans, to now ask us not to delete any data would violate the law that says we have to delete some data. And, to figure out how to do this would be crazy confusing, because the NSA is a giant bureaucratic machine of spying, and you can’t just throw a rock into it like that.
More at Tech Dirt
Here is a rather chilling look at where our info is being stored. This video was taken while under construction. It is now complete, ready for us.