U.S. District Judge Jeffrey White of the Northern District of California appeared skeptical Wednesday of the Justice Department’s claim that preserving older telephone metadata collected by the National Security Agency would be too much of a burden.

The Electronic Frontier Foundation is seeking to prevent the government from destroying what the EFF says is critical evidence in Jewel v. NSA, 08-4373, and First Unitarian Church of Los Angeles v. NSA, 13-3287, a pair of suits that challenge the constitutionality of the surveillance. The EFF moved to preserve the records after the government announced it would destroy any metadata collected more than five years ago. At Wednesday’s hearing, White extended a temporary restraining order protecting the metadata and asked the parties to submit briefs regarding a preservation order in the First Unitarian case. A preservation order is already in place in the Jewel case.

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