N.Y. judge rules NSA phone surveillance legal
2013 12 27
By Associated Press | Politico
U.S. District Judge William Pauley said in a written opinion that the program lets the government connect fragmented and fleeting communications and "represents the government’s counter-punch" to the al-Qaida’s terror network’s use of technology to operate decentralized and plot international terrorist attacks remotely.
"This blunt tool only works because it collects everything," Pauley said. "The collection is broad, but the scope of counterterrorism investigations is unprecedented."
Pauley’s decision contrasts with a ruling earlier this month by U.S. District Court Judge Richard Leon, who granted a preliminary injunction against the collecting of phone records of two men who had challenged the program. The Washington, D.C. jurist said the program likely violates the U.S. Constitution’s ban on unreasonable search. The judge has since stayed the effect of his ruling, pending a government appeal.
Pauley said the mass collection of phone data "significantly increases the NSA’s capability to detect the faintest patterns left behind by individuals affiliated with foreign terrorist organizations. Armed with all the metadata, NSA can draw connections it might otherwise never be able to find."
He added: "As the Sept. 11 attacks demonstrate, the cost of missing such a threat can be horrific."
Pauley said the attacks "revealed, in the starkest terms, just how dangerous and interconnected the world is. While Americans depended on technology for the conveniences of modernity, al-Qaida plotted in a seventh-century milieu to use that technology against us. It was a bold jujitsu. And it succeeded because conventional intelligence gathering could not detect diffuse filaments connecting al-Qaida."
The judge said the NSA intercepted seven calls made by one of the Sept. 11 hijackers in San Diego prior to the attacks, but mistakenly concluded that he was overseas because it lacked the kind of information it can now collect.
Still, Pauley said such a program, if unchecked, "imperils the civil liberties of every citizen" and he noted the lively debate about the subject across the nation, in Congress and at the White House
"The question for this court is whether the government’s bulk telephony metadata program is lawful. This court finds it is. But the question of whether that program should be conducted is for the other two coordinate branches of government to decide," he said.
A week ago, President Barack Obama said there may be ways of changing the program so that is has sufficient oversight and transparency.
In ruling, Pauley cited the emergency of the program after 20 hijackers took over four planes in the 2001 attacks, flying two into the twin towers of the World Trade Center, one into the Pentagon and a fourth into a Pennsylvania field as passengers tried to take back the aircraft.
"The government learned from its mistake and adapted to confront a new enemy: a terror network capable of orchestrating attacks across the world. It launched a number of counter-measures, including a bulk telephony metadata collection program — a wide net that could find and isolate gossamer contacts among suspected terrorists in an ocean of seemingly disconnected data," he said.
Pauley dismissed a lawsuit brought by the American Civil Liberties Union, which promised to appeal to the 2nd U.S. Circuit Court of Appeals in Manhattan.
"We’re obviously very disappointed," said Brett Max Kaufman, an attorney with the ACLU’s National Security Project. "This mass call tracking program constitutes a serious threat to Americans’ privacy and we think Judge Pauley is wrong in concluding otherwise."
Read full article at politico.com
Judge: NSA spying ‘almost Orwellian,’ likely unconstitutional
White House: NSA Surveillance Transparency Would Be Too Much Work
Latest News from our Front Page
North Korea's internet is having serious problems
North Korea is having serious connectivity issues this morning, North Korea Tech reports. The country has extremely limited web infrastructure to begin with, but reports from Dyn indicate the country's infrastructure has suffered a series of major outages over the past 24 hours. As a result, anyone at a North Korean IP would have found it nearly impossible to connect ...
The Left, The State And (Opportunistically As Always) Big Business
Adapted from Paul Gottfried‘s address to the 2014 H.L. Mencken Club Conference, at a panel focused on “The Left and the State,“ following remarks made by Carl Horowitz of the National Legal and Policy Center and Keith Preston of Attack the System
I’d like to come back to a remark that Carl Horowitz made in Keith Preston described in his remarks, ...
'The Interview' A Sony False Flag Hack and Hollywood's Empire of Mediocrity
It’s official: Sony Pictures has pulled the plug on The Interview – across all media platforms.
The chain of events which led to this point may forever be marked by historians as a seminal, watershed moment in this troubling epoch, known simply as, ‘The Age of Stupidity’.
Without a doubt, the most exciting piece of foreign theater involving the US and North ...
US Silent on Psychologists Role in CIA’s Tortures: Doctors
Physicians for Human Rights had not received any response from the US Federal Commission to their call to investigate the role of health professionals in CIA’s torture program, Deputy Director of the organization told Sputnik.
December 19 (Sputnik) — US government has not responded to calls to prosecute doctors, who participated in CIA torture program, the Deputy Director of Communications for ...
Ziolebrities: Simon Cowell donates £100,000 to Israeli soldiers to please pregnant jewish girlfriend Lauren Silverman
Cowell, 54, is also planning a secret trip to Israel soon as he embraces the Jewish faith of Silverman, 36
Gala: Billionaire Haim Saban with Cowell
Simon Cowell has publicly donated nearly £100,000 in support of the Israeli army.
The X Factor boss pledged the cash to the Friends of the Israel Defense Forces at a US fund-raiser in Beverly Hills.
The lavish gala ...
|More News » |