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NSA spying lawful: US court

AFP, New York
A US judge ruled Friday that the National Security Agency's mass surveillance of telephone calls is lawful, igniting a legal conflict that the Supreme Court may ultimately have to resolve.
Federal judge William Pauley in New York threw out a petition from the American Civil Liberties Union and said the program was a vital tool to help prevent an al-Qaeda terror attack on American soil.
Ten days earlier, however, a federal judge in Washington declared that this "almost Orwellian" surveillance is probably unconstitutional, laying the groundwork for a protracted legal fight.
"The question for this court is whether the government's bulk telephony metadata program is lawful. This court finds it is," said the 54-page ruling published in New York on Friday.
Edward Snowden, a former NSA
contractor, sent shockwaves around the world this year by revealing the extent of Washington's electronic eavesdropping on millions of private calls.
The Justice Department welcomed the ruling but the American Civil Liberties Union said it would appeal.
Pauley said the program, since it is protected by judicial, executive and congressional oversight, does not violate the US Constitution's ban on unreasonable searches and seizures.
The judge sided with US spy chiefs who say that by connecting the dots between archived calls and terrorist suspects, US officials can keep the country safe
The NSA hoovers up information about virtually every telephone call to, from and within the United States, and says it is the only way to discern patterns left behind by foreign terror groups.
The judge quoted the 2004 report by the 9/11 Commission -- the panel
which investigated the 2001 al-Qaeda attack on the United States - as saying it was a false choice between liberty and security, as "nothing is more apt to imperil civil liberties than the success of a terrorist attack on American soil."
"As the September 11th attacks demonstrate, the cost of missing such a thread can be horrific," he wrote.
Last week, a White House-picked panel recommended that President Barack Obama should curb the NSA's secretive powers. It submitted a 300-page report with 46 recommendations on how to install safeguards and limit the scope of the NSA program.
"The lawsuits are significant regardless of how they turn out, especially insofar as they help ratchet up the pressure on Congress to pursue legislative reforms before - and perhaps to prevent - the courts from deciding the issue," Viadeck said.