Credit card information and telephony metadata orders

On January 17, 2014, the DNI released Supplemental FISC Order BR 11-57, dated April 13, 2011, where Judge Martin L.C. Feldman ordered that the government’s required reports to the FISC every 30 days “include a consideration of NSA’s consideration, and to the extent feasible, implementation of methods of purging the credit card information produced by [redacted] and described in the letters submitted by the government on March 1, 2011, and April 13, 2011, in Docket Nos. BR 10-49 and 10-70.” Also released on January 17, 2014 was Supplemental FISC Order BR 11-107, dated June 22, 2011, where Judge John D. Bates ordered that the government’s reports to the FISC approximately every 30 days “include a consideration of NSA’s consideration, and to the extent feasible, implementation of methods of purging the credit card information produced by [redacted] and described in the letters submitted by the government on March 1, 2011, and April 13, 2011, in Docket Nos. BR 10-49 and 10-70, as discussed in the Thirty Day Reports dated May 13, 2011, and June 10, 2011 in Docket No. 11-57, and as discussed at Tab B of the application in this docket.”

The references to credit card information are extremely puzzling as FISC Order BR 10-49 and FISC Order BR 10-70, both of which were released as part of the January 17 trove, are orders for the production of telephony metadata, and do not mention credit card information. Neither the DNI’s document release of January 17 nor his earlier releases include the government letters in BR 10-40 and 10-70 to which Judges Feldman and Bates refer or the Thirty Day Reports to which Judge Bates refers.

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