Court allows US eavesdropping program

The US Government can continue to listen in on phone calls and emails overseas until its appeal of a federal judge's ruling outlawing the eavesdropping program is decided, the US Appeals Court has ruled.

The ruling overturns a US District Judge Anna Diggs Taylor's decision last week to deny a lengthy suspension of her order against the surveillance program.

The case is expected to end up with the US Supreme Court.

In August, Ms Taylor ruled that the National Security Agency's five-year-old surveillance program, implemented as part of the government's war on terrorism, violates the civil rights of Americans.

In a three-paragraph ruling, the 6th Circuit Court of Appeals in Cincinnati says that ruling outlawing the program will be stayed based on factors including the chances of the Government winning on appeal and the public interest.

The Bush administration insists its Terrorist Surveillance Program is necessary to protect the public.

But civil rights activists and some lawmakers - including some Republicans - say President George W Bush has overstepped his powers by authorising the warrantless wiretaps.

"This program is both critical to preventing terrorist attacks and fully consistent with law," White House spokeswoman Dana Perino said.

"We are pleased to see that it will be allowed to continue while the Court of Appeals examines the trial court's decision, with which we strongly disagree."

In requesting the stay, the Government had argued: "Because we cannot control how or when the enemy will seek to communicate or strike, even a temporary interruption could result in grave harm to the American public".

The appeals court did not indicate when it would rule on the case itself.

Mr Bush authorised the NSA surveillance program after the September 11 attacks, although the public only learned of its existence last year.

The program allows the government to eavesdrop on the international phone calls and emails of US citizens without obtaining a warrant, if those wiretaps are made to track suspected terrorist operatives.

The American Civil Liberties Union filed the suit in March on behalf of scholars, attorneys, journalists and non-profit groups that regularly communicate with people in the Middle East.

- Reuters