By Evan Perez, CNN
updated 12:09 PM EST, Fri December 27, 2013
(CNN) -- The National Security Agency notched a much-needed win in court, after a series of setbacks over the legality and even the usefulness of its massive data collection program.
A federal judge in New York ruled Friday that the National Security Agency's bulk collection of data on nearly every phone call made in the United States is legal.
The ruling contrasts with another ruling last week by a federal judge in Washington, who called the same program "almost Orwellian" and likely unconstitutional.
In his ruling Friday, U.S. District Judge William Pauley said that while the NSA's program under Section 215 of the Patriot Act has become the center of controversy since it was revealed by leaks by former NSA contractor Edward Snowden, it is legal. "But the question of whether that program should be conducted is for the other two coordinate branches of government to decide."
This decision is more in line with constitutional precedent than the previous decision.
Please explain why, Counselor
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The NSA's collection of information concerning when phone calls are made and the numbers between the parties of such calls does not interfere with the Fourth Amendment as the expectation of privacy is diminished when a third party (AT&T, Verizon, etc.) is purposely used as a necessary medium by which to conduct the communication. The content of the communication deserves some protection, but the fact that you made the call has not generally fallen under the umbrella of privacy protection in light of federal decisions interpreting the right. The process of collecting data also involves approval of magistrates, albeit a judge , created by statute which seems to be rubberstamping warrants.
The federal decision observes the constitutionality of the procedure, defined within the Patriot Act, and correctly observes that while legal, the executive and legislative branches must stay vigilant and critical to determine whether the practice is or remains good policy.
