and so it was kind of a perfect match. . >>> section 215 has been a tool in the national security arsenal. the program has been operating under the new directives to the president with the view to modify the program. given the time issues involving the expiration of it we are also and have been working with this body and others to look for ways to reauthorize section 215 in a way that does preserve this and protect privacy. >> attorney general loretta lynch testifying today at a budget hearing on the federal and the effect of federal appeals court ruling that said today the nsa a data collection of all phone records is illegal

some would say went further and more definitive than many expected. >> it went furtherer in some ways and not in others. that's interesting about it. what the court said today, this is a three judge panel ruling unanimously. they say i'm sorry the law the congress passed doesn't let the government do this. what the government is doing requiring the phone companies to give them what's called metadata. records about phone calls, numbers dialled, length of call and so forth. virtually every phone call in the united states. the government says it can do that because the patriot act allows them to ask for tangible record to be helpful in investigation. the court says that's the trick. there has to be an investigation. you have to be looking for something specific when you ask for this information. you can't ask for everything now in the hopes you'll find something later.

>> as we have the isis inspired attack in texas this week we see a the concern about the homeland. how important is section 215 and meta data compared to social media, twitter, newer forms of communication by the terror groups. >> a lot of intelligence people think the connection is monitoring e-mails and social media chat. that's where a lot arrested in the u.s. for being isis-inspired, that's where that has come from not so much from the telephone meta data program. the government will continue to want to keep this. if they had a choice they'd

something later. that's the flaw in the government's argument. that's why it's illegal. but the three judge panel said we're not going to order the government to stop this because of what you said. congress is now debating. maybe congress will change the law, the court said. maybe congress will give the government the legal authority to do this store it itself or require the phone companies to restore the data and hand it over when the government asks. if that happens, then we'll get to the second question which is whether congress allows it it's nonetheless unconstitutional.