N.S.A. Phone Surveillance Is Lawful, Federal Judge Rules
By MICHAEL S. SCHMIDT
Published: December 27, 2013
WASHINGTON — A federal judge in New York on Friday ruled that the National Security Agency’s program that is systematically keeping phone records of all Americans is lawful, creating a conflict among lower courts and increasing the likelihood that the issue will be resolved by the Supreme Court.
In the ruling, Judge William Pauley, of the United States District Court for the Southern District of New York, granted a motion filed by the federal government to dismiss a challenge to the program brought by the American Civil Liberties Union, which had attempted to halt the program.
Judge Pauley said that protections under the Fourth Amendment do not apply to records held by third parties, like phone companies.
“This blunt tool only works because it collects everything,” Judge Pauley said in the ruling.
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