https://www.congress.gov/bill/113th-congress/house-bill/4681/text309. Procedures for the retention of incidentally acquired communications
The procedures required by paragraph (1)
shall apply to any intelligence collection activity not
otherwise authorized by court order (including an order or
certification issued by a court established under subsection
(a) or (b) of section 103 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1803)), subpoena, or
similar legal process that is reasonably anticipated to result
in the acquisition of a covered communication to or from a
United States person and shall permit the acquisition,
retention, and dissemination of covered communications subject
to the limitation in subparagraph
If I am reading it correctly, it allows "any nonpublic telephone or electronic communication acquired without the consent of a person who is a party to the communication, including communications in electronic storage." The only restriction is a 5 year retention policy, with a lengthy list of exceptions for longer retention.
I have to be reading this incorrectly.