New York – A U.S. judge ruled the National Security Agency’s program that collects records of millions of Americans’ phone calls is lawful, rejecting a challenge by the American Civil Liberties Union to the controversial counter-terrorism program.
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Friday’s decision by U.S. District Judge William Pauley in Manhattan diverges from a December 16 ruling by U.S. District Judge Richard Leon in Washington, D.C., who said the “almost Orwellian” program was likely unconstitutional.
The program’s existence had first been disclosed by Edward Snowden, the former NSA contractor whose leaks have detailed the breadth of U.S. electronic surveillance and sparked a debate over how much leeway to give the government in protecting Americans from terrorism.
In a 54-page decision, Pauley said the program “vacuums up information about virtually every telephone call to, from, or within the United States.”
But he said the program’s constitutionality “is ultimately a question of reasonableness,” and that there was no evidence that the government had used “bulk telephony metadata” for any reason other than to investigate and disrupt terrorist attacks.
“Technology allowed al Qaeda to operate decentralized and plot international terrorist attacks remotely,” Pauley wrote. “The bulk telephony metadata collection program represents the government’s counter-punch.”
The judge denied the ACLU’s motion for a preliminary injunction and granted a government motion to dismiss the case.
President Barack Obama has defended the surveillance program, but indicated a willingness to consider constraints.
The ACLU had no immediate comment. The White House was not immediately available for comment. A U.S. Department of Justice spokesman said the department is pleased with the decision.
Rep. Peter King, chairman of the House Homeland Security Subcommittee on Counterintelligence & Terrorism, in a statement said Pauley’s decision “preserves a vital weapon for the United States in our war against international terrorism.”
The case is American Civil Liberties Union et al v. Clapper et al, U.S. District Court, Southern District of New York, No. 13-03994.
How could it be lawful to go against the constitution I’m not even reading this article…#savethecountry
“But he said the program’s constitutionality “is ultimately a question of reasonableness,” and that there was no evidence that the government had used “bulk telephony metadata” for any reason other than to investigate and disrupt terrorist attacks.”
1)No, it’s not that we the people have to “prove” that they are not being reasonable, they dont even give us access as to what they see and can do. They the Government need to prove that they reasonably need all that information to fight terror and that fact has shown that very little terror has been fought this way.
2)They have been using and sharing this information with the IRS and FBI and other institutions and it’s been masked in such a way that the evidence recreated so that no one knows where they really got the information is coming from.
Ultimately the NSA gives government too much control over people which is a danger to the future of democracy. It also serves as a intimidation device to people that oppose government policy. Groups like the tea party & pro Israel lobbies have been excessively monitored and bullied.
If the judge that dumb doesn’t he remember Fox news reporter James Rosen the FBI checked his cell phone and his mother cell phone I think they do listen in not for teeter related issue