it right now. >> thank you. setting aside any techny logical limitations, would the fisa pen register statute authorize you to obtain all internet meta data, not just e-mail meta data? >> i think that is correct. again, it would be limited to the meta data in that regard. >> if i could just add on that.

>> if i could just add on that. >> if i could just make sure i understand mr. cole's answer. the only limitation would be that it would be meta data? >> it cannot be content. in the latest order of the fisa court under 215, it specifically excluded cell site location as well. >> i was going to add only that you'd have to show that the categories of meta data that you're seeking was, in fact, relevant to the authorized investigation.

the cell phone location records. it's reportedly gathering information -- or communications information from online gaming sites. the stories suggest the activities are directed abroad. we know the nsa was making plans to obtain cell site location information under section 215. we also know that the nsa engaged in bulk collection of internet meta data under the fisa pen registered statute.

the bulk parts of internet data was shut down in 2011 because it wasn't operationally useful. but under the current law, would the nsa be able to restart the bulk collection of internet data? >> if the nsa and the department of justice were able to make a showing to the fisa court that the collection of internet meta data in bulk, which, of course, is a category of information that's not protected by the fourth amendment, that if it were relevant to an authorized investigation and could convince the fisa court of that, then,

engaged in bulk collection of internet meta data under the fisa pen registered statute. it suggests to me under that kind of legal interpretation of fisa the nsa could collect the same amounts of information domestically that this research suggests they're collecting abroad. mr. litt, maybe i should direct it first at you. i know the program authorized the bulk parts of internet data

yes, it would be authorized. >> it was shut down before as not being operationally useful. would you have to go to the court? >> i believe -- >> to restart the bulk collection of internet data, would you have to go to the court? >> i believe we would. >> mr. cole? >> yes, mr. chairman. under the fisa statute, i think you would have to get court authority just like you would under 215 to be able to do that. and that would only last for a period of time. it would have to be renewed periodically. there's no active authority for it right now.