U.S.
Federal judge rules NSA data collection legal and useful
A federal judge for the US District Court for the Southern District of New York ruled on Friday that the National Security Agency's (NSA) PRISM program, which includes massive collection of American citizens' telephone records, is legal. Judge William H. Pauley III ruled that the program was permitted under Section 215 of the Patriot Act and the Fourth Amendment because it served a legitimate, useful purpose. The opinion observed that "the natural tension between protecting the nation and preserving civil liberties is squarely presented by the Government's bulk telephony metadata collection program." Though the program was deemed lawful, the opinion stated that it was up to the other two branches of government to decide whether it should be conducted. The ruling granted the government's motion to dismiss the complaint filed by the American Civil Liberties Union (ACLU) to halt the program. This ruling conflicts with a decision last week by the US District Court for the District of Columbia, which ruled that the program is unconstitutional. The ACLU announced on Friday that it intends to appeal the ruling to the US Court of Appeals for the Second Circuit. There is speculation that the Supreme Court will ultimately hear the case.
The revelations surrounding NSA surveillance programs have sparked worldwide debate and controversy. Last week, the US released documents concerning the origins of NSA surveillance. In September the Foreign Intelligence Surveillance Court released a previously classified opinion explaining why a NSA program to keep records of Americans' phone calls is constitutional. Also in September the ACLU urged the Obama administration to curb the FBI's surveillance powers. In August the Council of Europe expressed concern over the UK reaction to the exposure of the US surveillance program. Lawmakers have also called for a criminal investigation into the activities of Edward Snowden, who came forward in early June as the whistleblower in the NSA surveillance scandal. JURIST Guest Columnist Christina Wells argues that the broad provisions of the Espionage Act, under which Snowden is charged, raise significant First Amendment concerns.
(Published by Jurist – December 27, 2013)