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FEDERAL JUDGE; NSA PHONE SURVEILLANCE LEGAL

FEDERAL JUDGE; NSA PHONE SURVEILLANCE LEGAL

http://www.newsmax.com/Newsfront/nsa-surveillance-phone-records/201...

A federal judge ruled that a National Security Agency program that collects records of millions of Americans' phone calls is lawful, calling it a "counter-punch" to terrorism that does not violate Americans' privacy rights.

Friday's decision by U.S. District Judge William Pauley in Manhattan diverged from a ruling by another judge this month that questioned the program's constitutionality, raising the prospect that the Supreme Court will need to resolve the issue.

In a 54-page decision, Pauley dismissed an American Civil Liberties Union lawsuit contending that the NSA collection of "bulk telephony metadata" violated the bar against warrantless searches under the Fourth Amendment of the U.S. Constitution.

The judge also referred often to the Sept. 11, 2001 attacks, in which nearly 3,000 people died, and said broad counter-terrorism programs such as the NSA's could help avoid a "horrific" repeat of those events.

"This blunt tool only works because it collects everything," Pauley wrote. "Technology allowed al Qaeda to operate decentralized and plot international terrorist attacks remotely. The bulk telephony metadata collection program represents the government's counter-punch."



Read Latest Breaking News from Newsmax.com http://www.newsmax.com/Newsfront/nsa-surveillance-phone-records/201... 
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Tags: ACLU, NSA, New, York, federal, judge, lawsuit, phone, surveillance

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Comment by Richie Laxton on December 29, 2013 at 3:28am

Even Congressman Jim Sensenbrenner, the Patriot Act's key author, has stated that the NSA has gone too far and so have many judges, in too broadly interpreting it's permissions to the NSA and other government agencies. I would wager that Judge Pauley did not read the original Act, or if he did, went along with the spin the NSA and others have put on it. I would also wager that he has no clue what met-data is nor how deep and broad it is regarding its use in cell phone technologies. It's deeply more extensive than just a few "numbers."

Comment by Dan Q on December 28, 2013 at 11:45pm

"Technology allowed al Qaeda to operate decentralized and plot international terrorist attacks remotely. The bulk telephony metadata collection program represents the government's counter-punch."


When it comes to computer related cases, including crimes like hacking and piracy, judges have a track record of being completely computer illiterate. I guess Big Fat Pauley doesn't know much about any technology.

Comment by Mangus Colorado on December 28, 2013 at 6:31pm

Hey Hunter - ready to take action and end the mess yet?

http://articlevprojecttorestoreliberty.com/take-action.html

Comment by hunter60 on December 28, 2013 at 6:28pm

All this means is that Pauley found the surveillance program legal in the context of an illegitimate extra-constitutional government. A government with no restraints, such as ours, gets to make any law it wants without regard to the Constitution or Congress. Haven't we seen that repeated over and over again? Hasn't this been going on since the late 19th century? I'm no lawyer yet even I can understand what the 4th amendment says and I can clearly understand that the governments surveillance apparatus (NSA, the only gov't agency that actually listens) violates that right. There is nothing to debate, Pauley is supporting an out-of-control government and his opinion is demonstrably wrong, end of story.

Comment by Kathryn McEwen on December 28, 2013 at 4:17pm

SUPREME COURT MAY HAVE TO BREAK NSA STALEMATE

http://www.newsmax.com/Newsfront/nsa-surveillance-contradictory-sup...

It may be up to the U.S. Supreme Court to decide whether the National Security Agency's collection of Americans' phone data is constitutional, after two federal judges issued contradictory landmark rulings on the matter.

The American Civil Liberties Union already plans to appeal Friday's decision  by U.S. District Judge William Pauley III in New York that said the agency's bulk telephone metadata is not only legal but necessary, reports cruxialcio.com.

Pauley said the metadata, which includes records of the numbers that were called and how long calls last while not recording the content of the calls is a vital tool for capturing terrorists.

"The bulk telephony metadata collection program represents the government's counter-punch: connecting fragmented and fleeting communications to reconstruct and eliminate al-Qaeda's terror network," Pauley said.

But his ruling came less than two weeks after another federal judge, U.S. District Court Judge Richard Leon in Washington, D.C., said the metadata collection was a likely violation of citizens' rights to privacy.

The American Civil Liberties Union, which claimed the program is unconstitutional and sued the government, said it would appeal the ruling.

Read Latest Breaking News from Newsmax.com http://www.newsmax.com/Newsfront/nsa-surveillance-contradictory-sup... 
Urgent: Should Obamacare Be Repealed? Vote Here Now!

Comment by Roc29 on December 28, 2013 at 3:40pm

  • "...the opinion which gives to the judges the right to decide what laws are constitutional and what not, not only for themselves in their own sphere of action but for the Legislature and Executive also in their spheres, would make the Judiciary a despotic branch."
    -- Thomas Jefferson
Comment by Debrajoe Smith-Beatty on December 28, 2013 at 3:32pm

thanks.

Comment by Mangus Colorado on December 28, 2013 at 2:51pm

Want to put the Courts back under the LIMITS of the Original Constitution and Article III - - ? end Activism and Legislating from the bench.

http://articlevprojecttorestoreliberty.com/article-v.html

Comment by Phil McConathy on December 28, 2013 at 2:15pm

I believe this judge was a Clinton appointee! If so, enough said!

Comment by Kirby L. Vickery on December 28, 2013 at 2:14pm

I'm not a lawyer so I really can't comment on the legality of anything the federal government does.  But, I can tell you one thing and that is that I never put out on the internet or on the telephone (e-mail, cell, facebook, anything) that which I don't want the world to know about.  Anyone who does is a fool.  I'm not saying I agree with whats going on, far from it.  We're living in a combination of early 1984 and It Couldn't Happen Here.

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