Can the NSA collect metadata on my phone calls in bulk?

What the Law Says

Federal law distinguishes between call content (protected) and metadata (e.g., numbers dialed, time, duration), which receives lesser protection. The Electronic Communications Privacy Act prohibits unauthorized interception—but metadata collection via pen registers falls outside its core ban.

18 U.S.C. § 2511 makes it illegal to intentionally intercept 'any wire, oral, or electronic communication' without authorization. However, the statute explicitly excludes certain tools: 'the term 'intercept' does not include the acquisition of the contents of any communication through a pen register or trap and trace device.'

A 'pen register' is defined as a device that records numbers dialed from a telephone line—and does not capture call content. Because metadata like phone numbers and timestamps is not considered 'contents,' its collection is governed by weaker standards under the Pen Register Statute (18 U.S.C. § 3121–3127), not § 2511.

The NSA’s pre-2015 bulk telephony metadata program relied on Section 215 of the USA PATRIOT Act—not § 2511—to collect records from telecom providers. That authority expired in 2015 and was replaced by the USA FREEDOM Act, which bans bulk collection and requires the government to use 'specific selection terms' (e.g., a phone number) when seeking metadata.

Statutory Text

the term 'intercept' does not include the acquisition of the contents of any communication through a pen register or trap and trace device

— 18 U.S.C. § 2511 — Interception and disclosure of wire, oral, or electronic communications prohibited

What to Do

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