Joint Statement by the Office of the Director of National Intelligence and the Department of Justice on the Declassification of the Renewal of Collection Under Section 215 of the USA PATRIOT Act (50 U.S.C. Sec. 1861), as amended by the USA FREEDOM Act

August 28, 2015

On August 27, 2015, the Foreign Intelligence Surveillance Court issued a Primary Order approving the government’s application to renew the Section 215 bulk telephony program. The USA FREEDOM Act of 2015 banned bulk collection under Section 215 of the USA PATRIOT Act, but provided a new mechanism to allow the government to obtain data held by the providers. To ensure an orderly transition to this new mechanism, the USA FREEDOM Act provided for a 180-day transition period during which the existing NSA bulk telephony metadata program may continue. 

After considering an application filed shortly after the passage of the USA FREEDOM Act, on June 29, 2015, the Court held that the continuation of the NSA’s bulk telephony metadata program during the transition period remains consistent with both the statute and the Fourth Amendment. The authority under the Court’s June 29 order was set to expire today, August 28, 2015.  

The Government recently filed an application to renew the authority to collect bulk telephony metadata. On August 27, 2015, the Court authorized the continued collection of telephony metadata through November 28, 2015, the end of the 180-day transition period contemplated by the USA FREEDOM Act. As of November 29, 2015, both the 180-day transition period and the Court’s authorization will have expired and the bulk collection of telephony metadata pursuant to Section 215 will cease.  

As previously stated in a July 27, 2015 Joint Statement, NSA has determined that analytic access to the historical metadata collected under Section 215 (any data collected before November 29, 2015) will also cease on November 29, 2015. However, solely for data integrity purposes to verify the records produced under the new targeted production mechanism authorized by the USA FREEDOM Act, NSA, subject to court approval, plans to allow technical personnel to continue to have access to the historical metadata for an additional three months. 

Separately, NSA remains under a continuing legal obligation to preserve its bulk 215 telephony metadata collection until civil litigation regarding the program is resolved, or the relevant courts relieve NSA of such obligations. The telephony metadata preserved solely because of preservation obligations in pending civil litigation will not be used or accessed for any other purpose, and, as soon as possible, NSA will destroy the Section 215 bulk telephony metadata upon expiration of its litigation preservation obligations.

As background, early last year in a speech at the Department of Justice, President Obama announced that the Intelligence Community would end the Section 215 bulk telephony metadata program as it previously existed. The President directed the Intelligence Community and the Attorney General to develop options for a new approach to match the capabilities and fill gaps that the Section 215 program was designed to address without the government holding this metadata. 

After carefully considering the available options, the President announced in March 2014 that the government should not hold this data in bulk, and that the data should remain at the telephone companies with a legal mechanism in place that would allow the government to obtain data pursuant to individual orders from the FISC approving the use of specific numbers for such queries.  

The President also noted, however, that legislation would be required to implement this new approach and the administration worked closely with Congress to enact the President’s proposal. On June 2, 2015, Congress passed and the President signed the USA FREEDOM Act of 2015, which reauthorized several important national security authorities; banned bulk collection under Section 215 of the USA PATRIOT Act, under the pen register and trap and trace provisions found in Title IV of FISA, and pursuant to National Security Letters; and adopted the new legal mechanism proposed by the President.  

As in past primary orders in effect since February 2014, and consistent with the President’s direction, the Court’s new Primary Order requires that during the transition period, absent a true emergency, telephony metadata can only be queried after a judicial finding that there is a reasonable, articulable suspicion that the selection term is associated with an approved international terrorist organization. In addition, the query results must be limited to metadata within two hops of the selection term instead of three.

The new Primary Order is available here.

BR 15-99 Primary Order


We’ve got white-collar people trying to grab our style
Saying we’re too nasty and we’re 2 Live
Corrupted politicians playing games
Bringing us down to boost their fame
They must be joking thinking we will fall
But they’re like flies movin’ the wall
We stand tall from beginning to end
With the help from fans and all our friends
Freedom of speech will never die
For us to help, our ancestors died
Don’t keep thinking that we will quit
We’ll always stand and never sit
We’re 2 live, 2 black, 2 strong
Doing the right thing, and not the wrong
So listen up, y'all, to what we say
We won’t be banned in the U.S.A.!

The First Amendment gave us freedom of speech
So what you sayin’? It didn’t include me?
I like to party and have a good time
There’s nothin’ but pleasure written in our rhyme
I know you don’t think we’ll ever quit
We’ve got some people on our side who won’t take your lip
We’re gonna do all the things we wanna do
You can’t stand to see a brother get as rich as you
This is the 90s and we’re conin’ on strong
Sayin’ things and doin’ things that you’re sayin’s wrong
Wisen up, ‘cause on Election Day,
We’ll see who’s banned in the U.S.A.!


Sh*t never changes, huh?

New Post has been published on

Banned In The USA: 2 Live Crew CD Spotlight

Today’s Post is borderline NSFW

Music Trivia:  What was the very first album to have a NON-REMOVABLE Parental Advisory label placed on it?   The very first albums to get this dubious honor were Soundgarden’s “Louder Than Love”, Guns N Roses “Appetite for Destruction”, Danzig’s debut (which contained no swearing!), and the 2 Live Crew’s “As Nasty As They Want To Be”.  But each of those labels were placed on the cellophane wrapper.   The first album to have a non-removable advisory sticker was “Banned In The U.S.A.” by the 2 Live Crew.   What makes this even more ironic, it’s probably one of tamest records the Miami rappers ever released.    Looking back over 20 years ago, is the CD any good?


“Banned In The U.S.A.” was not only the CD title, it was the lead single and theme of the record.   After getting permission from Bruce Springsteen to interpret his hit “Born In The U.S.A.”,  Luther Campbell wrote a diatribe against the RIAA and the government’s meddling into everything including the music industry.  The song begins with a Ronald Reagan impression, some KKK imagery, maintains a patriotic stance with some intelligent lyrics about age appropriate choices, and is a really fun piece of 90’s nostalgia.   The second single “Do The Bart” tried to hop on the meteoric success of The Simpsons and create a novelty stripper anthem in honor of Bart Simpson. Hard to believe a song that showcases a cherish TV cartoon character and lyrics about “shaking your titties and falling to your knees” didn’t become a huge hit (smile).


You don’t buy a 2 Live Crew CD looking for a musical masterpiece, you’re probably looking for freaky beats and a soundtrack for your next Spring Break road trip.  The band best known for their obscene nursery rhymes and explicit lyrics did provide a trio of “classics” for their long-time fans.  “Face Down, Ass Up”, “So Funky”, and “Strip Club” became club favorites.   The best song on “Banned In The U.S.A.” was “Mamolopenga” aka “Mamma Juanita”, a sexy club banger dedicated to the fine “Latinas down in Little Havana”, Miami.   Brother Marquis and Kid Fresh Ice traded verses about the senoritas with a little Spanglish mixed into the final mix.  Ultimately the song not received more airplay due to the added audio “bonus activity” at the end of the song but it’s one of 2 Live Crew’s best songs.  The rare music video shared today even included a Fidel Castro sighting.


Overall, the CD is just OK, it’s very dated, somewhat predictable, and not a rap essential disc.  But “Banned In The U.S.A.” does have a couple really good songs and in terms of historical significance, it’ll always going to be known as the first album to get the RIAA’s Parental Advisory label.


2 Live Crew documentary, Banned in the USA, 1990. Via …


Banned In The USA


Black Music History Month

2 Live Crew, Banned in the USA

Notes: Because of their often questionable lyrics, 2 Live Crew has had several run-ins with censorship despite releasing 2 different versions of their albums (one edited, one profane). In response, they released the protest song Banned in the USA, which clearly samples Bruce Springsteen’s Born in the USA, with full blessings from Springsteen himself.