CHICAGO, Oct 5: The government can continue to listen in on phone calls and e-mails overseas until its appeal of a federal judge’s ruling outlawing the eavesdropping programme is decided, the US Appeals Court in Cincinnati ruled on Wednesday.

The ruling overturned US District Judge Anna Diggs Taylor’s decision last week to deny a lengthy suspension of her order against the surveillance programme. The case is expected to end up with the US Supreme Court.

In August, Anna Taylor ruled that the National Security Agency’s five-year-old surveillance programme, 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 said Diggs’ ruling outlawing the programme would be stayed based on factors including the chances of the government winning on appeal and the public interest.

The Bush administration has insisted its ‘Terrorist Surveillance Programme’ was necessary to protect the public, while civil rights activists and some lawmakers — including some Republicans — said President George Bush had overstepped his powers by authorising the warrantless wiretaps.

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

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.”—Reuters