has this blue ribbon panel that just came back with a recommendation that said it should be taken out of the hands of the nsa and this program should be put in the hands of the phone companies that collect the data in the first place, and then the nsa would have to get a court order to be able to access that data. so that may yet be another change that's in the works. >> so they are always struggling to try to find the right balance. want to read another part of the opinion. liberty and security can be reconciled and in our system they are reconciled within the framework of the law. the success of one helps protect the others. he says they sort of complement each other but he is strongly implying that security wins out, at least as far as he's concerned. >> well, he begins, the judge today in this ruling in new york, he begins at 9/11 so you can see where he is coming from. he says that in 9/11, the government failed to catch certain things and could have prevented the attack, and if you look at the ruling last week from judge leon in d.c., he