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NSA surveillance lawful, judge rules NSA surveillance lawful, judge rules
(35 minutes later)
A US federal judge has found that mass government surveillance of the phone network is legal, a week after another ruling said the opposite. A US federal judge has found that mass government surveillance of the phone network is legal, a week after another court found the opposite.
New York District Judge William Pauley said the snooping was a "counter-punch" against al-Qaeda.New York District Judge William Pauley said the snooping was a "counter-punch" against al-Qaeda.
He said the National Security Agency (NSA) programme might have prevented the 9/11 attacks.He said the National Security Agency (NSA) programme might have prevented the 9/11 attacks.
Last week a federal judge in Washington DC said the surveillance was "likely unconstitutional" and "Orwellian". Last week a Washington DC federal judge said the surveillance was "likely unconstitutional" and "Orwellian".
But in Friday's decision, Judge Pauley, of the US District Court for the Southern District of New York, said "the balance of equities and the public interest tilt firmly in favour of the Government's position".But in Friday's decision, Judge Pauley, of the US District Court for the Southern District of New York, said "the balance of equities and the public interest tilt firmly in favour of the Government's position".
He dismissed a lawsuit brought by the American Civil Liberties Union (ACLU).He dismissed a lawsuit brought by the American Civil Liberties Union (ACLU).
In the conclusion to his 53-page ruling, he writes: "The right to be free from searches and seizures is fundamental, but not absolute."In the conclusion to his 53-page ruling, he writes: "The right to be free from searches and seizures is fundamental, but not absolute."
He also notes: "Every day, people voluntarily surrender personal and seemingly-private information to trans-national corporations, which exploit that data for profit.He also notes: "Every day, people voluntarily surrender personal and seemingly-private information to trans-national corporations, which exploit that data for profit.
"Few think twice about it, even though it is far more intrusive than bulk telephony metadata collection."Few think twice about it, even though it is far more intrusive than bulk telephony metadata collection.
"There is no evidence that the Government has used any of the bulk telephony metadata it collected for any purpose other than investigating and disrupting terrorist attacks.""There is no evidence that the Government has used any of the bulk telephony metadata it collected for any purpose other than investigating and disrupting terrorist attacks."
The ACLU said it would appeal against the ruling.
"We are extremely disappointed with this decision, which misinterprets the relevant statutes, understates the privacy implications of the government's surveillance and misapplies a narrow and outdated precedent to read away core constitutional protections," said the civil rights organisation's deputy legal director, Jameel Jaffer.
The Obama administration, which has been on the defensive over the NSA's activities, welcomed the ruling.
"We are pleased the court found the NSA's bulk telephony metadata collection program to be lawful," US Department of Justice spokesman Peter Carr told the BBC.
Friday's ruling contradicts one on 17 December by Washington DC federal Judge Richard Leon, who said the NSA's surveillance programme was "indiscriminate" and an "arbitrary invasion".
He backed a conservative activist's legal challenge on the merits of the Fourth Amendment, the clause in the US constitution that bars unreasonable search and seizure by the government.
The NSA's collection of "metadata", including telephone numbers and times and dates of calls, was exposed by Edward Snowden, a former contractor for the agency. He is now in Russia.
The NSA orders Verizon - one of the largest phone companies in the US - to hand over metadata.
This includes telephone numbers, calling card numbers and the serial numbers of phones, from millions of calls Verizon processes in which at least one party is in the US.
The steady drip of disclosures about the NSA's tracking of the communications of ordinary citizens as well as world leaders, such as German Chancellor Angela Merkel and Brazilian President Dilma Rousseff, has enraged civil rights activists and sparked diplomatic spats.
In his end-of-year news conference earlier this week, President Barack Obama hinted at a possible review of NSA surveillance.
In light of "disclosures that have taken place", there might be "another way of skinning the cat", he said.
Mr Obama is due to announce next month whether he will act on sweeping recommendations by a White House-appointed panel that the NSA's activities be reined in.