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The case began with an Austrian citizen and Facebook user, Maximillian Schrems, who in 2013 lodged a complaint with the Irish data protection commissioner alleging that his Facebook data, which is transferred from Facebook’s Irish subsidiary to servers in the United States, was inadequately protected. He based his allegations on news reports that summer describing the NSA’s surveillance reach based on documents leaked by Snowden.

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The top lawyer for the U.S. intelligence community objected this week to the argument that U.S. surveillance is overly broad. Robert Litt, general counsel for the Office of the Director of National Intelligence, said in an opinion piece in the Financial Times that the program the Europeans were pointing to “does not give the U.S. ‘unrestricted access’ to data.”