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The NSA's Massive Phone-Tracking Program Is Legal, New York Judge Finds
Less than two weeks after Federal Judge Richard Leon ruled that the NSA's "indiscriminate and arbitrary" invasion of privacy is "likely" unconstitutional, giving a trace of hope that America may rise above its Orwellian Banana republic status, here comes New York City District Judge William Pauley to slam the coffin shut on US privacy and the Fourth amendment, and make a mockery of Edward Snowden's alternative Christmas message. Moments ago the WSJ reported that "a federal judge in New York City has ruled that a massive U.S. phone-tracking program is legal."
U.S. District Judge William Pauley issued the decision Friday, saying the program "represents the government's counter-punch" to eliminate al Qaeda's terrorist network by connecting fragmented and fleeting communications.
The ruling notes the terrorist attacks in 2001 and how the National Security Agency's phone data-collection system could have helped investigators connect information before the attacks occurred.
The judge dismissed a lawsuit brought by the American Civil Liberties Union. The ACLU didn't immediately respond to a message for comment.
Bananas for everyone!
From Pauley's ruling, the lies emphasized in bold:
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. While there have been unintentional violations of guidelines, those appear to stem from human error and the incredibly complex computer programs that support this vital tool. And once detected, those violations were self-reported and stopped. The bulk telephony metadata collection program is subject to executive and congressional oversight, as well as continual monitoring by a dedicated group of judges who serve on the Foreign Intelligence Surveillance Court.
No doubt, the bulk telephony metadata collection program vacuums up information about virtually every telephone call to, from, or within the United States. That is by design, as it allows the NSA to detect relationships so attenuated and ephemeral they would otherwise escape notice. As the September 11th attacks demonstrate, the cost of missing such a thread can be horrific: Technology allowed al-Qaeda to operate decentralized and plot international terrorist attacks remotely. The bulk telephony metadata collection program represents the Government's counter-punch: connecting fragmented and fleeting communications to re-construct and eliminate al-Qaeda's terror network.
"Liberty and security can be reconciled; and in our system they are reconciled within the framework of the law." Boumediene, 553 U.S. at 798. The success of one helps protect the other. Like the 9/11 Commission observed: The choice between liberty and security is a false one, as nothing is more apt to imperil civil liberties than the success of a terrorist attack on American soil. The 9/11 Commission Report, at 395. A court's solemn duty is "to reject as false, claims in the name of civil liberty which, if granted, would paralyze or impair authority to defend [the], existence of our society, and to reject as false, claims in the name of security which would undermine our freedoms and open the way to oppression. American Comm'cns Ass'n, C.I.O. v. Douds, 339 U.S. 382, 445 (1950) (Jackson, J., concurring in part and dissenting in part).
For all of these reasons, the NSA's bulk telephony metadata collection program is lawful. Accordingly, the Government's motion to dismiss the complaint is granted and the ACLU's motion for a preliminary injunction is denied.
And a brief bio on the Judge:
Born in Glen Cove, New York, Pauley received an A.B. from Duke University in 1974 and a J.D. from Duke University School of Law in 1977. He was a law clerk, Office of the Nassau County Attorney, New York from 1977 to 1978. He was a Deputy county attorney of Nassau County Attorney' Office, New York in 1978. He was in private practice in New York City from 1978 to 1998. He was an Assistant counsel, New York State Assembly Minority Leader, New York from 1984 to 1998.
Pauley is a federal judge on the United States District Court for the Southern District of New York. Pauley was nominated by President Bill Clinton on May 21, 1998, to a seat vacated by Peter K. Leisure. He was confirmed by the United States Senate on October 21, 1998, and received his commission on October 22, 1998.
Among his notable decisions was that involving Ben-ami Kadish, a U.S. national who pleaded guilty to passing classified information to Israel.
Full ruling below:
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LIberalism to socialism to fascism. Who will be first on the extermination list?
Establishment T-O-O-L. That said what does the NSA have on this creepy dude?
what is a phone call?
As a pacifist I don't advocate violence but this is the type of person who deserves to be hung from a street light for clearly violating the law of the land and thus being guilty of treason. I have met SO MANY people who want Snowden executed but then won't bash an eye at this clear cut case of a Judge trashing the Constituion and advocating fascism in America. Seriously, nut jobs out there, these are the type of people you need to be killing not school children in Connecticut.
http://www.youtube.com/watch?v=ejvyDn1TPr8
Here I thought it was a gross violation of the fourth amendment. Funny, I must have been mistaken.
Even if the Supreme Court ruled tomorrow that it was totally unconstitutional do you really think the NSA would stop spying you? If you do you're an idiot. If something can be done it will be done. They'll just continue to do it thru their proxies like Google and Yahoo. Why do you think China didn't want Google in their country? because of "democracy"? The ONLY thing to keep the NSA (or any other .gov POS) from spying on you is to turn off you computer and throw away your cell phone. Unplug motherfuckers.
He certainly looks like a feral judge
This is absoultely not the same country I was born and raised in, I feel like a stranger here. Just depressing. I'm ashamed to admit I am a long time Republican and ashamed that this same party's leaders are out to destroy the tea party. My reformed bankster buddy turned patriot tells me to brace for impact. S will HTF soon. We all agree it will be scorched earth this time. I need some hope, something to believe in. This government wipes it backside with the constitution. Sorry ZH er's.
I predict that the final outcome will be that the SCOTUS rules the collection is legal because it can be done but if the government wants to look at any of it a court order will be necessary.
Outlawing the practice isn't going to stop them.
Kiss any thought you had that you have any privacy in the electronic world.
As it is, they can do anything to your mail, including opening it.
i wonder how many of these security related decisions tied to 9/11 will be thrown out when they find out 9/11 was an inside job?
bye bye, miss american pie.
Nazi Germany did everything all legal like too... boatloads of lawyers and judges with rubber stamps.
So they are saying they WILL NOT STOP spying, hacking and tracking foreign companies and employees. visitors and citizens.
American technology goods and services CANNOT be trusted any longer.
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. While there have been unintentional violations of guidelines, those appear to stem from human error and the incredibly complex computer programs ...
As the other Court pointed out, what the NSA has or hasn't done with the Big Data is immaterial. The issue is whether or not the Government now has the legal right to issue "general warrants", from which the Constitution clearly protects the People. The bullshit Patriot Acts cannot amend that protection, only a change to the Constitution can.
The Founding Fathers would have laughed their asses off at the assertion 'there is no evidence" of abuse. They weren't permitted either, to investigate the British Government. On the other hand, History is completely clear. Whatever power you grant them which they can conduct in secrecy, will be abused. It's not a matter of "if", it's a matter of "when".
"incredibly complex computer programs"??? This asshole doesn't know a thing about computers. He's just repeating talking points from the NSA itself. They won't admit targeted, properly warranted phone calls have value. ALL of the phonecalls is just Noise. The NSA has not demonstrated, nor do the know, what a productive and lawful signal-to-noise ratio is. Until they do, they don't get to use what are clearly blanket warrants
Like the 9/11 Commission observed: The choice between liberty and security is a false one, as nothing is more apt to imperil civil liberties than the success of a terrorist attack on American soil.
He can't be serious. Those 9/11 Commission geniuses are now the final authority on Constitutional Law? Fuckin' ridiculous.
No terrorist attack, successful or not, does anything to imperil civil liberties of a Nation. 100 terrorist attacks can't imperil civil liberties. The Peoples' Rights and Civil Liberties are matters of Constitutional Law. By their nature alone, they can only come under peril by way of Fascist Governments and repressive Judiciary zealotry.
"to reject as false, claims in the name of civil liberty which, if granted, would paralyze or impair authority to defend [the], existence of our society, and to reject as false, claims in the name of security which would undermine our freedoms and open the way to oppression. American Comm'cns Ass'n, C.I.O. v. Douds, 339 U.S. 382, 445 (1950) (Jackson, J., concurring in part and dissenting in part).
He is so fuckin' blind and intentionally ignorant, he never considered the second part of the statement as relevant.
And once detected, those violations were self-reported and stopped. The bulk telephony metadata collection program is subject to executive and congressional oversight, as well as continual monitoring by a dedicated group of judges who serve on the Foreign Intelligence Surveillance Court.
What planet is this guy from? If we have learned anything in the recent past months, it's that the fuckin' WH and Congressional retardants have very little if any idea of just what the NSA has actually been doing.
We have also learned that the FISC is a court entirely outside of the juris prudence of the entire rest of the Judiciary System. They answer to no higher court. They make laws and interpret laws in total secrecy, which impact upon the Rights of the People.
Remember this guy. He is an apparatchik of whatever Fascist forces are at work in our Government.
this opinion was written by adolph hitler as it is lies built upon hot air.....there isn't a shred of fact supporting the allegation that al qaeda did anything on 9/11 and if it did, it was a cia operation. thus the fallacy of the opinion and the satanic origins of this judge.
nor is there anything but a straw man argument that having access to phone records would have frustrated the bush crime syndicate's attacks on the usa. this judge has ruled by the hand of satan.
al qaeda = cia
"as nothing is more apt to imperil civil liberties than the success of a terrorist attack on American soil."
that one sentence is the LIE that puts his whole cruddy argument down the shitter.
The fucking asswipe comes up with that unsubstantiated statement when a million real life events and empirical evidence prove otherwise.
How the fuck was civil liberties under threat when the Boston bombing happened or even when some US fruitcake decides to kill a few dozen kids in a school.
Doublespeaking shithead
nice Roscoe in butt pic of the judge
What's with Duke? First we get Tricky Dick Nixon now this arsehole. Distubing photo by the way.