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



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

Magaluf bar where British girl was filmed performing sex acts on 24 men is shut down after police investigation into video
2014 07 26
Is this what the youth in Britain and Europe is spending their their energy, money, efforts and innocence on? The young girl, pictured, was lured into performing multiple sex acts after organisers offered a free drink although she thought a holiday was on offer* Council officials launched an official investigation after the video went viral Playhouse bar in Magaluf and entertainment ...
Prejudice is a Form of Common Sense - Hard-Wired Into the Human Brain, Says ASU Study
2014 07 26
Contrary to what most people believe, the tendency to be prejudiced is a form of common sense, hard-wired into the human brain through evolution as an adaptive response to protect our prehistoric ancestors from danger. So suggests a new study published by Arizona State University researchers in the May issue of the "Journal of Personality and Social Psychology," which contends that, ...
The State is a Bully
2014 07 24
In the history of Western philosophy and social theory, no really silly idea has been more successful than the theory of the social contract. It is in fact not a theory of the social contract. It is a theory of the political contract. It is the idea, promoted by Thomas Hobbes, John Locke, and Jean-Jacques Rousseau, that, at some point in ...
NATO Exercise in Ukraine Coincided with MH-17 Shoot-down
2014 07 24
Rapid Trident was omitted from the flurry of coverage on the shoot-down MH-17. From the U.S. Army in Europe website: Rapid Trident supports interoperability among Ukraine, the United States, NATO and Partnership for Peace member nations. The exercise helps prepare participants to operate successfully in a joint, multinational, integrated environment with host-nation support from civil and governmental agencies. ...
Warning of ’imminent’ terror attack in Norway
2014 07 24
Norwegians were warned Thursday of the concrete possibility of a terror attack occurring in that country at the hands of people with connections to an extremist group in Syria. A press conference was called in Oslo, Norway on Thursday where an announcement was made of a "possible concrete threat" to national security in that country from terrorists related to an extremist ...
More News »