Washington (CNN) A federal appeals court ruled on Thursday that the telephone metadata collection program, under which the National Security Agency gathers up millions of phone records on an ongoing daily basis, is illegal under the Patriot Act.

The government has argued it has the power to carry forward with the program under a section of the Patriot Act, which expires in June. Lawmakers are locked in a debate on whether or how to renew the authority, which was first passed shortly after the Sept. 11, 2001 terror attacks on New York and Washington, but has been r enewed by both Presidents Bush and Obama in the intervening years.

Documents confirming the program's existence were first revealed in June of 2013 with the leaks by former government contractor Edward Snowden.

Judicial rebuke

The decision by a three-judge panel that the phone record collection program, which was mostly secret for nearly a decade, is not supported by the current version of the law, will certainly enter into the brewing political debate over renewing it.

Judge Gerard E. Lynch, writing for a three judge panel of the Second Circuit Court of Appeals, said the program "exceeds the scope of what Congress has authorized."

Lynch wrote that the text of the Patriot Act "cannot bear the weight the government asks us to assign to it, and that it does not authorize the telephone metadata program."

Photos: The data rush: How information about you is 21st century 'gold' Photos: The data rush: How information about you is 21st century 'gold' The data rush: How information about you is 21st century 'gold' –



Tech geeks have long discussed the potential of capturing the data we create to drive new efficiencies, target services more directly and provide the complex calculations that can underpin exciting new technologies.



According to author Rick Smolan,



Yet the sheer scale and complexity of these developments can often be lost in a never-ending well of digits and decimal places.



Did you know, for example, that the amount of data captured globally is estimated to reach 40 zettabytes* (more on which later) by 2020? Sure, that sounds like a big number, but can you visualize what it actually means.



No? It's hardly surprising.



Never fear, we've put together seven simple graphs to highlight the monumental scale of data being created, saved and processed and how this new field will come to define much of our lives in the future. Big data is everywhere. It's created on farms, factories and phone lines. It's gathered in homes, hospitals and warehouses. You're even contributing to data pools by reading this article on your mobile phone, tablet or computer.Tech geeks have long discussed the potential of capturing the data we create to drive new efficiencies, target services more directly and provide the complex calculations that can underpin exciting new technologies.According to author Rick Smolan, big data is opening up "a completely new dimension" as information from mobile phones, smart devices, internet browsers, ATM cards, medical equipment, desktop devices in the workplace and much more is gathered and analyzed. This is affecting all manner of industries including, health, transportation and entertainment and is "like watching the planet develop a nervous system," Smolan says.Yet the sheer scale and complexity of these developments can often be lost in a never-ending well of digits and decimal places.Did you know, for example, that the amount of data captured globally is estimated to reach 40 zettabytes* (more on which later) by 2020? Sure, that sounds like a big number, but can you visualize what it actually means.No? It's hardly surprising.Never fear, we've put together seven simple graphs to highlight the monumental scale of data being created, saved and processed and how this new field will come to define much of our lives in the future. Hide Caption 1 of 8 Photos: The data rush: How information about you is 21st century 'gold' Not convinced about the rise of big data? This stat ought to change your mind.



According to research cited in the World Economic Forum's Global Information Technology Report 2014, 90% of the world's data was generated in the last two years. The remaining 10% was produced throughout the rest of human history.



Obviously, advancing technologies like the rise of mobile phone apps and social media platforms have a large part to play in this sudden explosion of data but the falling cost of storing data in recent years has also had a profound impact. Hide Caption 2 of 8 Photos: The data rush: How information about you is 21st century 'gold'



According to the data in this graph, collated in the Big Data: Next Big Thing report from global IT trade organizations Nasscom, CRISIL and GR&A, the U.S. collected and stored more than 3,000 petabytes of data in 2012.



To put that figure into context, one petabyte contains enough space to store the DNA of the entire population of the U.S. and then clone them twice, according to analysis from Computer Weekly.



Meanwhile, large internet firms like Google or Apple store as much as 100 petabytes of data on their own servers, according to the



As the report figures were captured two years ago, they are likely to have multiplied in the period since.



By 2020, the amount of data captured globally is expected to reach 40 zettabytes (there are a million petabytes in a zettabyte. A single zettabyte contains enough space to store 36 million hours of HD video), according to Nasscom. Unsurprisingly, the most developed regions of the world have raced ahead with the amount information stored and collected.According to the data in this graph, collated in the Big Data: Next Big Thing report from global IT trade organizations Nasscom, CRISIL and GR&A, the U.S. collected and stored more than 3,000 petabytes of data in 2012.To put that figure into context, one petabyte contains enough space to store the DNA of the entire population of the U.S. and then clone them twice, according to analysis from Computer Weekly.Meanwhile, large internet firms like Google or Apple store as much as 100 petabytes of data on their own servers, according to the Tech Terms glossary As the report figures were captured two years ago, they are likely to have multiplied in the period since.By 2020, the amount of data captured globally is expected to reach 40 zettabytes (there are a million petabytes in a zettabyte. A single zettabyte contains enough space to store 36 million hours of HD video), according to Nasscom. Hide Caption 3 of 8 Photos: The data rush: How information about you is 21st century 'gold' The WEF describes data as a new form of asset class equivalent to oil or gold. "Today we are seeing a data boom rivaling the Texas oil boom of the 20th century and the San Francisco gold rush of the 1800s," the Global Information Technology Report 2014 states.



Like these vital commodities, data is created, exchanged and traded all over the world.



As such, the growth in cross border data flows -- where information is exchanged online via email, instant messaging or on digital trading platforms that bring buyers and sellers together -- is moving at a rapid pace. In fact, it is growing at a far faster rate than conventionally measured trade in goods and services.



The demand for international bandwidth increased at a compound annual rate of 49% between 2008 and 2012, according to consulting firm TeleGeography, which tracks international data flows, in a 2013 report from the Progressive Policy Institute.



By comparison, the volume of global trade in goods and services rose at an average rate of 2.4% over the same period.



While the world's recent economic difficulties may be reflected in the goods and services figures, the ever more valuable nature of data is clearly demonstrated in the demand for greater bandwidth.



PPI also points to research from the Brookings Institute which states that increased data flows can lead to increased "productivity, innovation and growth" in entirely new hi-tech industries.



The technological framework to move and store this data, across international borders if required, is hence vital. Hide Caption 4 of 8 Photos: The data rush: How information about you is 21st century 'gold' The market for big data products -- defined as revenue derived from sales of related hardware, software and services to transmit and capture data -- totaled $18.6 billion in 2013, according to the Wikibon Big Data Market and Revenue Forecast 2013 - 2017.



That's more than the annual GDP of some small countries.



It also represents a growth rate of 58% over the previous year, emphasizing the growing focus and capacity of companies, governments and institutions to store the data we create.



And as this graph shows, the industry of data collection and storage that has sprung up in recent years has plenty of room for growth as more of our data is captured.

Hide Caption 5 of 8 Photos: The data rush: How information about you is 21st century 'gold'



This graph from the WEF's Global Information Technology Report 2014 which analyzed data from Cisco, which shows the sharp growth of mobile data traffic looking ahead to 2015.



True, the method of calculation chosen may not be the most reader friendly, but think of it this way: If the level of data created in 2010 equaled 100 bytes, then that figure is set to multiply by a factor of almost 20 by 2015.



For large tech companies such as Google, Apple, Facebook and Twitter this boom will offer a plethora of consumer data that they can store, analyze and use to tailor services to customers and advertisers.



Africa alone is expected to hit



But alongside these opportunities, there are also issues surrounding privacy and security.



Concerns over how data has been shared or can be exploited by intelligence and security agencies like the NSA and MI5 has been an issue of major public debate in recent years, thanks in part to the disclosures of whistleblower Edward Snowden.



The head of Britain's GCHQ intelligence service, however, recently described social media as Smartphones have made us all contributors to the big data economy. Every social media post, video, picture and website visit can tell businesses something about their customers.This graph from the WEF's Global Information Technology Report 2014 which analyzed data from Cisco, which shows the sharp growth of mobile data traffic looking ahead to 2015.True, the method of calculation chosen may not be the most reader friendly, but think of it this way: If the level of data created in 2010 equaled 100 bytes, then that figure is set to multiply by a factor of almost 20 by 2015.For large tech companies such as Google, Apple, Facebook and Twitter this boom will offer a plethora of consumer data that they can store, analyze and use to tailor services to customers and advertisers.Africa alone is expected to hit one billion mobile phone subscriptions by 2015 , according to Informa Telecoms.But alongside these opportunities, there are also issues surrounding privacy and security.Concerns over how data has been shared or can be exploited by intelligence and security agencies like the NSA and MI5 has been an issue of major public debate in recent years, thanks in part to the disclosures of whistleblower Edward Snowden.The head of Britain's GCHQ intelligence service, however, recently described social media as "the command and control networks of choice for terrorists and criminals." Hide Caption 6 of 8 Photos: The data rush: How information about you is 21st century 'gold' The rise of mobile has created an entire new industry on the back of the data our smartphones create.



For example the so-called "app economy" -- the business created by software applications like Instagram, Whatsapp or even sports performance widgets like the Nike+ training app running on smartphones -- has created hundreds of thousands of high-tech jobs, according to the WEF.



One 2012 study by the Progressive Policy Unit, meanwhile, calculated that American GDP growth for the first two quarters of 2012 rose by 0.6% when it was adjusted to include the impact of rise in data consumption (which remained unmeasured at that point). Hide Caption 7 of 8 Photos: The data rush: How information about you is 21st century 'gold'



This graph from Research Trends Magazine displays the increasing number of peer-reviewed research papers exploring the topic of big data.



Experts working in the field suggest that big data will help power exciting new systems like the



But for these futuristic visions to happen as planned, there has to be a focus on training people with the requisite skills to make them a reality.



The 2012 Big Data: Next Big Thing report suggests that the U.S. alone will suffer from a shortage of 190,000 data scientists by 2018 if steps are not taken to encourage more people to learn the skills required to keep up with big data's booming growth. Where research leads, commercial adaptations tend to follow.This graph from Research Trends Magazine displays the increasing number of peer-reviewed research papers exploring the topic of big data.Experts working in the field suggest that big data will help power exciting new systems like the internet of things , where any physical item -- even every day items like a chair or fridge -- can connect to the internet and make decisions based on their owner's data patterns.But for these futuristic visions to happen as planned, there has to be a focus on training people with the requisite skills to make them a reality.The 2012 Big Data: Next Big Thing report suggests that the U.S. alone will suffer from a shortage of 190,000 data scientists by 2018 if steps are not taken to encourage more people to learn the skills required to keep up with big data's booming growth. Hide Caption 8 of 8

The Court did not address the larger question of whether the program is constitutional and sent the case back down to a lower court for further proceedings. It noted that the section of the Patriot Act that the government said authorized the law - Section 215 - is set to expire in early June.

"In light of the asserted national security interests at stake, we deem it prudent to pause to allow an opportunity for debate in Congress that may (or may not) profoundly alter the legal landscape," Lynch wrote.

He was clearly concerned with the scope of the program. He wrote the "sheer volume of information sought is staggering."

No clear path in Congress

Sen. Marco Rubio, the Florida Republican who is also running for president, defended the NSA program on the Senate floor shortly after the court decision was made public.

"A perception has been created, including by political figures who serve in this chamber, that the United States government is listening to your phone calls or going through your bills as a matter of course," said Rubio. "That is absolutely and categorically false."

The House is set to approve the USA Freedom Act, which would kill the NSA's dragnet collection of phone metadata and reform the process by which government agencies petition the secret FISA court to obtain warrants to collect that data.

That bill was the result of a compromise between the top lawmakers pushing surveillance reform and the House Republican leadership, which has been loathe to accept broad reforms to the Patriot Act.

But the bill faces stiff opposition in the Senate where Senate Majority Leader Mitch McConnell has instead put forward a bill to fast-track the Patriot Act's reauthorization largely as-is.​ McConnell has several allies in the fight to stave off reforms to the Patriot Act, including the top Republican on the Senate Intelligence Committee and security hawks like Sens. Lindsey Graham, R-South Carolina, Rubio, and Tom Cotton, R-Arkansas.

The court ruling could complicate McConnell's plan to push to keep the authority for the government to collect and house the phone data.

"It pulls the rug out from under Sen. McConnell and Sen. Burr's position," said Sen. Chuck Schumer.

Long-secret phone program

The program gathers up bulk telephone records and conducts targeted searches on the data based on telephone numbers or other identifiers associated with terrorist organizations. Telephone metadata does not include the content of telephone conversations, but other details such as the length of the call, the originating phone number and the number called.

"This decision is a resounding victory for the rule of law," said ACLU Staff Attorney Alex Abdo, who brought the challenge."For years, the government secretly spied on millions of innocent Americans based on a shockingly broad interpretation of its authority. The court rightly rejected the government's theory that it may stockpile information on all of us in case that information proves useful in the future. Mass surveillance does not make us any safer, and it is fundamentally incompatible with the privacy necessary in a free society, "he said.

The government has defended the program arguing it was necessary to maintain national security, and said that it was authorized by statute and the Constitution . The government stressed that the program doesn't collect the content of any calls and is subject to oversight by the Department of Justice, the secret Foreign Intelligence Surveillance Court and Congress.

Sweeping loss for U.S. government in court

The ruling is a sweeping loss for the government that had contended in court papers that the program is meant as a "tool to facilitate counter-terrorism investigations —specifically, to ascertain whether international terrorist organizations are communicating with operatives in the United States."

The government defended the program saying it operates on orders from the secret Foreign Intelligence Surveillance Court (FISC) — a court that Congress created to grant applications for surveillance orders in foreign intelligence investigations. In court papers, government lawyers had argued that sixteen different judges from the FISC on 37 separate occasions concluded that it is lawful for the government to obtain telecommunications companies' business records that reflect the data concerning the time, duration, dialing and receiving information, but that don't include the content of the calls.

Today's order repudiates the findings by the FISC. In a footnote Lynch noted that the discrepancy between the appeals court ruling and those of the FISC might be "accounted for by our having received the benefit of an adversarial presentation on the issues. "

"We are in the process of evaluating the decision handed down this morning.," said White House National Security Spokesman Ned Price in a statement.

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"Without commenting on the ruling today, the President has been clear that he believes we should end the Section 215 bulk telephony metadata program as it currently exists by creating an alternative mechanism to preserve the program's essential capabilities without the government holding the bulk data. We continue to work closely with members of Congress from both parties to do just that, and we have been encouraged by good progress on bipartisan, bicameral legislation that would implement these important reforms," he said.

"This is a landmark ruling and a critically important decision, " said Stephen I. Vladeck, Professor of Law American University, Washington College of Law and an analyst for CNN. "What it means going forward depends entirely on Congress, because this provision was set to expire June 1st anyway, " he said.