EFF writes that a federal judge asked for more briefing yesterday after an emergency court hearing over destruction of records in a case challenging NSA spying.
“We are pleased the court is receptive to our arguments – that this is the information that court ordered the government to retain, and is an important element of our litigation,” said EFF Legal Director Cindy Cohn. “It’s unfortunate that the court’s order today allows the government to continue destroying evidence that the government itself insists we need, but we are looking forward to giving the judge all the information he needs to come to a final decision.”
Read more on EFF.
Update: Unfortunately, the judge sided with the DOJ. Courthouse News reports:
A federal judge on Friday rescinded part of an order that requires the National Security Agency to preserve data culled from its dragnet surveillance of U.S. citizen phone records.
U.S. District Judge Jeffrey White rescinded the part of a preservation order he issued Thursday that related to section 702 of the FISA Amendment Acts.
Mike Masnick has more on the ruling over on TechDirt.