NEW YORK – Citing the Sept. 11 attacks, a federal judge ruled Friday that the National Security Agencys bulk collection of millions of Americans telephone records is legal, a valuable tool in the nations arsenal to fight terrorism that only works because it collects everything.
U.S. District Judge William Pauley said in a written opinion that the program lets the government connect fragmented and fleeting communications and represents the governments counter-punch to the al-Qaidas terror networks use of technology to operate decentralized and plot international terrorist attacks remotely.
This blunt tool only works because it collects everything, Pauley said. The collection is broad, but the scope of counterterrorism investigations is unprecedented.
Pauleys decision contrasts with a ruling this month by U.S. District Court Judge Richard Leon, who granted a preliminary injunction against the collecting of phone records of two men who had challenged the program. The Washington, D.C., jurist said the program likely violates the U.S. Constitutions ban on unreasonable search. The judge has since stayed the effect of his ruling, pending a government appeal.
Pauley said the mass collection of phone data significantly increases the NSAs capability to detect the faintest patterns left behind by individuals affiliated with foreign terrorist organizations. Armed with all the metadata, NSA can draw connections it might otherwise never be able to find.
He added: As the Sept. 11 attacks demonstrate, the cost of missing such a threat can be horrific.
Pauley said the attacks revealed, in the starkest terms, just how dangerous and interconnected the world is. While Americans depended on technology for the conveniences of modernity, al-Qaida plotted in a seventh-century milieu to use that technology against us. It was a bold jujitsu. And it succeeded because conventional intelligence gathering could not detect diffuse filaments connecting al-Qaida.
The judge said the NSA intercepted seven calls made by one of the Sept. 11 hijackers prior to the attacks but mistakenly concluded that he was overseas because it lacked the kind of information it can now collect.
Still, Pauley said such a program, if unchecked, imperils the civil liberties of every citizen and he noted the lively debate about the subject across the nation, in Congress and at the White House.
The question for this court is whether the governments bulk telephony metadata program is lawful. This court finds it is. But the question of whether that program should be conducted is for the other two coordinate branches of government to decide, he said.
A week ago, President Barack Obama said there may be ways of changing the program so that is has sufficient oversight and transparency.
Pauley dismissed a lawsuit brought by the American Civil Liberties Union, which promised to appeal to the 2nd U.S. Circuit Court of Appeals in Manhattan.