USCA Case #14-5004 Document #1570210 Filed: 08/28/2015 2 Paul M. Smith argued the cause for amicus curiae Center for National Security Studies. With him on the brief were Kate A. Martin, Joseph Onek, and Michael Davidson. Before: BROWN, Circuit Judge, and WILLIAMS and SENTELLE, Senior Circuit Judges. Opinion for the Court filed PER CURIAM. Separate opinions filed by Circuit Judge BROWN and Senior Circuit Judge WILLIAMS. Opinion dissenting in part filed by Senior Circuit Judge SENTELLE. PER CURIAM: In the wake of the terrorist attacks of September 11, 2001, Congress enacted the USA PATRIOT Act. Pub. L. No. 107-56, 115 Stat. 272 (2001). Section 215 of that Act empowered the FBI to request, and the Foreign Intelligence Surveillance Court (“FISC”) to enter, orders “requiring the production of any tangible things (including books, records, papers, documents, and other items) for an investigation . . . to protect against international terrorism.” Id. at § 215, 115 Stat. at 291, codified as amended at 50 U.S.C. § 1861(a)(1). Since May 2006, the government has relied on this provision to operate a program that has come to be called “bulk data collection,” namely, the collection, in bulk, of call records produced by telephone companies containing “telephony metadata”—the telephone numbers dialed (incoming and outgoing), times, and durations of calls. The FBI has periodically applied for, and the FISC has entered, orders instructing one or more telecommunications service providers to produce, on a daily basis over a period of ninety days, electronic copies of such data. Decl. of Robert J. Holley, Acting Assistant FBI Director, at ¶¶ 10-13, Joint Appendix 224-25. Page 2 of 21