N.Y. judge rules NSA phone surveillance legal
2013-12-27 0:00

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



Related Articles
Judge: NSA spying ‘almost Orwellian,’ likely unconstitutional
White House: NSA Surveillance Transparency Would Be Too Much Work


Latest News from our Front Page

Increased tax subsidies for politically correct media
2015-03-29 22:08
On Dec 9 last year I translated a random snapshot of the biggest newspaper in Sweden. The headlines alone spoke for themselves. It was, simply put, an orgy of political correctness, obvious attempts at emotional manipulation and general national self-loathing. In other words, a typical Swedish newspaper on any given day. As more and more readers are waking up to the ...
When obeying the law and supporting yourself is racist
2015-03-29 22:56
There is a huge scandal in the municipality of Älmhult in Sweden. It has been revealed that there is a letter that may have been sent from the municipality offices to newly arrived immigrants informing them that the law applies to them and that they’re expected to eventually go off the dole and start pulling their own weight in society. In ...
New political weapon: Threat to unleash immigrant invasion
2015-03-29 22:05
Youtube description: Threatening to bombard a country with illegal immigrants has become quite the bargaining chip in political quarrels, as Polly Boiko explains. Source: youtube.com/RT Editors Note: Notice how the argument is twisted around at the end of the report. The word "Bogeyman" is used. This is a common allusion to a mythical creature. What is mythical about replacement immigration into Europe? ...
Facebook completes first drone flight above UK, Mark Zuckerberg confirms
2015-03-28 3:15
Solar powered drones which provide internet access to rural and remote areas have been trialled in UK for first time by Facebook. They “have a wingspan greater than a Boeing 737 but will weigh less than a car”, according to the social network's chief Mark Zuckerberg. The drones, developed by Somerset-based company Ascenta which Facebook bought last March, will beam down laser-guided ...
300 Young English Girls (and a few Boys) Groomed and Assaulted by Oxfordshire "Gangs," Report Finds
2015-03-28 2:04
Editor's note: This story is a few days old now but the echoes of Rotherham just keeps coming. A few weeks ago there was Halifax, now Britain proudly can add Oxfordshire to their line up of diversity success stories. Below is the story from the telegraph: Serious case review finds failings by police and social services as it identifies hundreds of victims A ...
More News »