District Judge William Pauley of the Southern District of New York ruled that the National Security Agency’s mass collection of phone records is lawful. The case, which was brought by the American Civil Liberties Union against US Director of National Intelligence James Clapper, was dismissed as the judge ruled that Fourth Amendment protections do not extend to records held by third parties, like telecom companies.

Judge Pauley’s opinion, which began by broadly invoking the events of September 11, 2001, contrasts with the opinion of a DC-based district judge, who ruled earlier this month that the widespread NSA surveillance revealed in June by former NSA contractor Edward Snowden was unconstitutional due to its broad reach.  ...