For privacy advocates and civil rights advocates, the presidential authorization of warrantless surveillance has been a contentious issue. The argument from privacy advocates has been that this was a means to circumvent the courts and Congress to secure information. The counter-argument was that national security is a priority and trumped those arguments.

Now, in federal court, Judge Vaughn R. Walker has ruled that this is illegal activity:

"A federal judge on Wednesday ruled that the National Security Agency’s warrantless surveillance program was illegal, rejecting the Obama administration’s effort to keep shrouded in secrecy one of the most disputed counterterrorism policies of former President George W. Bush."

link:  Federal Judge Finds N.S.A. Wiretapping Program Illegal

After the September 11th 2001 attack, President Bush had authorized the intercept of telephone calls and email correspondence without a warrant. This ruling restores a check by the courts on the executive authority. The Obama administration has argued that the courts cannot render any ruling because it would compromise national security to review the evidence. It becomes a circular argument. The courts cannot rule on secrecy because the material is secret. The Justice Department can appeal this present ruling. 

It must be remembered, however, that during the presidential campaign, Candidate Obama was highly critical of then Presidential Bush's surveillance program. It is unlikely that Judge Walker's decision is the final salvo regarding this issue.

Catherine Forsythe