SalemNews.com, Salem, MA

Nation/World

December 28, 2013

Judge rules NSA phone surveillance legal

NEW YORK — The heated debate over the National Security Agency’s bulk collection of millions of Americans’ telephone records fell squarely into the courts yesterday, when a federal judge in Manhattan upheld the legality of the program and cited its need in the fight against terrorism just days after another federal judge concluded it was likely not constitutional.

The ruling by U.S. District Judge William H. Pauley III and an opposing view earlier this month by U.S. District Judge Richard Leon in Washington, D.C., sets the stage for federal appeals courts to confront the delicate balance developed when the need to protect national security clashes with civil rights established in the Constitution.

Pauley concluded the program was a necessary extension of steps taken after the Sept. 11 terrorist attacks. He said the program lets the government connect fragmented and fleeting communications and “represents the government’s counter-punch” to the al-Qaida’s terror network’s 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.”

Pauley’s decision contrasts with Leon’s grant of 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. Constitution’s ban on unreasonable search. The judge has since stayed the effect of his ruling, pending a government appeal.

Both cases now move to appeals courts for a conflict that some believe will eventually be settled by the Supreme Court. The chances that the nation’s top court will address it increase if the appeals courts reach conflicting opinions or if the current use of the program is declared illegal.

Text Only | Photo Reprints
Nation/World

Local News
  • Salem's Collins seeks longer day

    SALEM -- Collins Middle School may look a little different next year. For starters, longtime Principal Mary Manning, who has headed the school for more than 20 years, is retiring and will be replaced by a new, yet-unnamed principal. More than that, t

    April 19, 2014 6 Stories

  • 140418_SN_KYU_WALK_2 Walking the Walk BEVERLY -- Four hundred thirty walkers, 10.5 miles and $65,000. Those are the numbers you can count on just about every year from the Good Friday Walk. The 35th annual walk produced those figures once again yesterday, with the money going to help nee

    April 19, 2014 2 Photos

  • Marblehead chief charts drop in crime MARBLEHEAD -- Police chief Robert Picariello has highlighted an overall drop in crime from 2012 to 2013 in his annual report to the town. The decrease was substantial in the category of crimes against persons, down 23 percent for incidents like rape,

    April 19, 2014

  • North Shore residents to run in 2014 Boston Marathon

    The Salem News asked those on the North Shore who are running this year's Boston Marathon to share their reasons for running. 

    If you're running the marathon this year, it's not too late to share why you're running. Send a brief paragraph, a photo of yourself and a link to your fundraising site (if applicable) to Cheryl Richardson at crichardson@salemnews.com.

    April 17, 2014

  • One-way school bus passes to get trial run in Peabody PEABODY -- Students will be able to ride the school bus one way next year without paying the price of a round-trip fare. The School Committee has agreed to offer one-way passes on a trial basis following review of transportation data and a proposal f

    April 19, 2014