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NSA surveillance lawful, judge rules NSA surveillance lawful, judge rules
(35 minutes later)
A US federal judge has ruled that mass government surveillance of the phone network is legal, a week after another court said the opposite.A US federal judge has ruled that mass government surveillance of the phone network is legal, a week after another court said 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 even have prevented the 9/11 attacks.He said the National Security Agency (NSA) programme might even have prevented the 9/11 attacks.
Last week a Washington DC federal judge 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".
'Extremely disappointed''Extremely disappointed'
In his 53-page ruling, he sums up: "The right to be free from searches and seizures is fundamental, but not absolute."In his 53-page ruling, he sums up: "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."
He dismissed a lawsuit brought by the American Civil Liberties Union (ACLU), which told the BBC it would appeal.He dismissed a lawsuit brought by the American Civil Liberties Union (ACLU), which told the BBC it would appeal.
"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."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 revelations, welcomed the ruling.The Obama administration, which has been on the defensive over the NSA revelations, 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."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.
'Arbitrary invasion''Arbitrary invasion'
Friday's ruling contradicts one on 16 December by Washington DC federal Judge Richard Leon, who said the NSA's surveillance programme was "indiscriminate" and an "arbitrary invasion".Friday's ruling contradicts one on 16 December by Washington DC federal Judge Richard Leon, who said the NSA's surveillance programme was "indiscriminate" and an "arbitrary invasion".
His 68-page ruling 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. His 68-page ruling backed a conservative activist's legal challenge on the merits of the Fourth Amendment, the clause in the US constitution barring unreasonable search and seizure by the government.
Judge Leon suspended the order to allow for an appeal by the justice department, thus enabling the programme to continue for now. Judge Leon suspended the order to allow for an appeal by the justice department, enabling the programme to continue for now.
The NSA's snooping was leaked in June by Edward Snowden, a former contractor for the agency. He fled to Russia, where he has been granted temporary asylum. The NSA's snooping was leaked in June by Edward Snowden, a former contractor for the agency. He fled to Russia, which granted him temporary asylum.
Under the programme, America's electronic surveillance agency orders Verizon - one of the largest phone companies in the US - to hand over its metadata.Under the programme, America's electronic surveillance agency orders Verizon - one of the largest phone companies in the US - to hand over its metadata.
This includes telephone numbers, times and dates of calls, 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.This includes telephone numbers, times and dates of calls, 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 disclosures about the NSA's tracking of the communications by ordinary citizens as well as world leaders, such as German Chancellor Angela Merkel and Brazilian President Dilma Rousseff, has dismayed civil rights activists and diplomats. The disclosures about the NSA's tracking of the communications by ordinary citizens as well as world leaders, such as German Chancellor Angela Merkel and Brazilian President Dilma Rousseff, have dismayed civil rights activists and diplomats.
In his end-of-year news conference earlier this week, President Barack Obama hinted at a possible review of NSA surveillance. In his end-of-year news conference, 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. In light of "disclosures that have taken place", there might be "another way of skinning the cat", he said earlier this week.
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. Mr Obama is due to announce next month whether he will act on a White House-appointed panel's advice to rein in the NSA.
Among the task force's sweeping recommendations were that the spy agency should no longer store the data.