[conspire] NSA ruling error

Ruben Safir mrbrklyn at panix.com
Sat Dec 28 14:46:45 PST 2013



Note:

http://www.bbc.co.uk/news/25529677
This judge is a total asshole and a danger to the pubic

Call his chambers and tell him you can't accept the government
eroding your 4th amendment protections, regardless of what individuals may
or may not do in our private lives.

The Judges Chambers telephone number is:

Hon. William H. Pauley III
United States District Judge

Daniel Patrick Moynihan
United States Courthouse
500 Pearl St.
New York, NY 10007-1312
	

Courtroom: 20B
Chambers Phone: (212) 805-6387

Deputy Phone: (212) 805-6393

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 December 2013 Last updated at 13:23 ET
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NSA surveillance lawful, judge rules

The surveillance programme was leaked by former National Security Agency
contractor, Edward Snowden
Continue reading the main story	
Spy leaks

    How intelligence is gathered
    History of spying
    NSA secrets failure
    'Five eyes' club

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 described the snooping as a
"counter-punch" against al-Qaeda.

He said the National Security Agency (NSA) programme might even have
prevented the 9/11 attacks.

Last week a Washington DC federal judge ruled 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".
'Extremely disappointed'

In his 53-page ruling, he concluded: "The right to be free from searches
and seizures is fundamental, but not absolute."
Continue reading the main story	
How intelligence is gathered
How intelligence is gathered

    Accessing internet company data
    Tapping fibre optic cables
    Eavesdropping on phones
    Targeted spying

    Read more in our in-depth report
    How the US spy scandal unravelled
    Profile: Edward Snowden

He also noted: "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.

"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."

Judge Pauley 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.

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.
'Arbitrary invasion'

Friday's ruling contradicts that on 16 December by Washington DC federal
Judge Richard Leon, who said the NSA's surveillance was "indiscriminate"
and an "arbitrary invasion".

His 68-page decision 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 his ruling pending an appeal by the justice
department, enabling the programme to continue for now.




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