Mass gathering of communications data from entire populations rather than targeted individuals
Bulk collection refers to the indiscriminate gathering of communications data from entire populations rather than targeted surveillance of specific individuals suspected of wrongdoing. The NSA's bulk collection programs, revealed by Edward Snowden in 2013, confirmed that the agency was collecting the phone records of virtually every American citizen, intercepting vast volumes of internet traffic, and storing communications data on a scale previously considered impossible.
The legal authority for bulk collection rested on Section 215 of the USA PATRIOT Act, which the government interpreted to authorize the collection of all phone records because they might be "relevant" to a terrorism investigation. This interpretation — approved by the secret FISA Court — transformed a provision intended for targeted investigations into a blanket authority for mass surveillance. A federal appeals court later ruled this interpretation illegal.
The USA FREEDOM Act of 2015 officially ended the NSA's bulk phone records program, though critics argue that alternative collection methods and authorities — particularly Section 702 of the FISA Amendments Act and Executive Order 12333 — continue to enable mass surveillance through different legal frameworks. The fundamental tension between bulk collection and the Fourth Amendment's prohibition on unreasonable searches remains unresolved.
