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The following is based on the testimony from the hearing by Senator Charles Grassley on the USA PATRIOT Act Extension. See the “Reauthorization in Depth” page for further details.

The following is based on the testimony submitted by Attorney General Eric Holder to the Senate Judiciary Committee on Thursday, June 7, 2011, titled, “National Security Surveillance: Privacy, Technology, and Federal Law Enforcement Agencies.” See “Reauthorization in Depth” page for further details.

What are those categories, what’s in them, and under what circumstances?

The National Security Act of 1947, and the United States Code, set forth rules regarding the collection and use of the personal information and telephony metadata that the government collects from telephone service providers and electronic communications service providers. One category of the information that is included in the Act is “the content of any wire, oral, or electronic communication,” which includes e-mails, cell phones, and Internet communications.

The law requires telecommunication service providers to furnish “telephony metadata,” which includes a communication’s time, location, and whether the communication was initiated through a telecommunications service provider or through a computer, a device, or a computer network. The provision also directs that such information shall be retained for a period of “at least five years from the date the information is first created.”

The FBI uses that information to evaluate and analyze criminal investigations, to identify suspects and conduct follow-up surveillance on known and suspected terrorists, and to investigate violations of federal laws and regulations. In addition, the FBI has used metadata to target potential leads and prevent criminal activity; in cases involving national security, the FBI may apply some additional investigative requirements to the phone metadata when the FBI has probable cause to believe that a crime may be about to be committed, or is in the process of being committed, and has the requisite information or means to obtain it.

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How does data about telephony metadata help determine a person’s identity in national security investigations?

National security investigations focus on intelligence and foreign intelligence information that may lead to connections and contacts that can be critical in investigating a variety of foreign national security issues. As the Patriot Act made clear, national security investigations that require the collection of information about telephone metadata may well require a search of the database of communications records to look for communications and information that might provide reasonable grounds to believe that a crime was about to be committed, or is in the process of being committed, with regard to

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