Judge Rules Against Patriot Act Provision

[que-em]

Thank You Activist Judges

http://www.reuters.com/newsArticle.j...toryID=6369763

Judge Rules Against Patriot Act Provision
Wed Sep 29, 2004 04:52 PM ET

By Gail Appleson

NEW YORK (Reuters) - Surveillance powers granted to the FBI under the Patriot Act, a cornerstone of the Bush Administration's war on terror, were ruled unconstitutional by a judge on Wednesday in a new blow to U.S. security policies.

U.S. District Judge Victor Marreo, in the first decision against a surveillance portion of the act, ruled for the American Civil Liberties Union in its challenge against what it called "unchecked power" by the FBI to demand confidential customer records from communication companies, such as Internet service providers or telephone companies.

Marrero, stating that "democracy abhors undue secrecy," found that the law violates constitutional prohibitions against unreasonable searches. He said it also violated free speech rights by barring those who received FBI demands from disclosing they had to turn over records.

Because of this gag order, the ACLU initially had to file its suit against the Department of Justice under seal to avoid penalties for violation of the surveillance laws.

Although the ACLU's suit was filed on behalf of an Internet access firm, the ruling could apply to other entities that have received FBI secretive subpoenas, known as national security letters.

The ACLU said that the Patriot Act provision was worded so broadly that it could effectively be used to obtain the names of customers of Web sites such as Amazon.com or eBay, or a political organization's membership list, or even the names of sources that a journalist has contacted by e-mail.

"This is a landmark victory against the Ashcroft Justice Department's misguided attempt to intrude into the lives of innocent Americans in the name of national security," said ACLU Executive Director Anthony Romero.

"Even now, some in Congress are trying to pass additional intrusive law enforcement powers. This decision should put a halt to those efforts," he said.

PATRIOT ACT

He said the suit was one of the ACLU's legal battles to block certain sections of the Patriot Act that went "too far, too fast."

The FBI has had power to issue national security letters demanding customers records from communication companies since 1986. These letters do not require court supervision, but the FBI could at first only seek such private information if the subject was suspected of being a foreign spy.

In 1993, Congress expanded the powers further to include people who communicated with suspected spies or terrorists.

But a section of the Patriot Act -- a controversial law the Bush administration pushed through Congress after the Sept. 11, 2001 attacks to help it battle terrorism -- gave the FBI even more power to obtain information through these letters.

In his ruling, Marrero prohibited the Department of Justice and the FBI from issuing the national security letters, but delayed enforcement of his judgment pending an expected appeal by the government. The Department of Justice said it was reviewing the ruling.

The decision is the latest blow to the Bush administration's anti-terrorism policies.

In June, the U.S. Supreme Court ruled that terror suspects being held in U.S. facilities like Guantanamo Bay, Cuba, can use the American judicial system to challenge their confinement. That ruling was a defeat for the president's assertion of sweeping powers to hold "enemy combatants" indefinitely after the Sept. 11 attacks.

[que-em]

Other Sources: http://news.google.com/?hl=en&ncl=ht...y/patriot_act/

http://money.cnn.com/2004/09/29/technology/patriot_act/

Judge strikes down part of Patriot Act
Court rules that a key portion of the Bush administration's security policy is unconstitutional.
September 29, 2004: 6:15 PM EDT

NEW YORK (CNN/Money) - A federal judge ruled Wednesday that a part of the U.S. Patriot Act that allows the FBI to demand company records from businesses without court approval is unconstitutional.

U.S. District Judge Victor Marreo ruled in favor of the American Civil Liberties Union, which challenged the Bush administration's security policies on behalf of a John Doe plaintiff -- an Internet service provider company.

The legislation bars companies and other recipients of these subpoenas from ever revealing that they received the FBI demand for records. Marreo, who presides in New York City, held that this permanent ban was a violation of free-speech rights.

In his ruling, Marreo prohibited the Department of Justice and the FBI from issuing special administrative subpoenas, known as national security letters. But he delayed enforcement of his judgment pending an expected appeal by the government. The Department of Justice said it was reviewing the ruling.

The ruling was the latest blow to the Bush administration's antiterrorism policies.

In June, the U.S. Supreme Court ruled that terror suspects being held in U.S. facilities like Guantanamo Bay, Cuba, can use the American judicial system to challenge their confinement. That ruling was a defeat for the president's assertion of sweeping powers to hold "enemy combatants" indefinitely after the Sept. 11, 2001, attacks.

The FBI first received the power to get customer records in 1986 legislation, but its power to obtain confidential data was greatly expanded by the Patriot Act -- a controversial law the Bush administration pushed through Congress after the Sept. 11, 2001 attacks to help it battle terrorism.

The ACLU argued that the antiterrorism laws give the FBI unconstitutional power to demand sensitive information, without adequate safeguards for companies' rights.

The judge agreed, saying the provision "effectively bars or substantially deters any judicial challenge."

"Such a challenge is necessary to vindicate important rights guaranteed by the Constitution," Marreo said.

Under the provision, the FBI does not have to show a judge a compelling need for the records, nor does it have to specify any process that would allow a recipient to fight the demand for confidential information.

Prior to December, the letters could only be sent to certain financial institutions.

However, legislation signed by President Bush in December expanded the definition of companies from which information can be obtained and allowed FBI agents to send out the letters without first obtaining a judge's approval.

The legislation allows the FBI to seek information from businesses, such as insurance firms, pawnbrokers, precious metal dealers, the U.S. Postal Service, casinos, and travel agents. Top of page

[hawkburn]

All I can say to this news is: Amen.

[MoonMan]

We all knew it was going to happen, the trial I mean. The outcome, however, was a pleasant surprize.

[DampCold]

Secret searches unconstitutional, he rules

NEW YORK (AP) -- Declaring that personal security is as important as national security, a judge Wednesday blocked the government from conducting secret, unchallengeable searches of Internet and telephone records as part of its fight against terrorism.

Read more at: http://www.cnn.com/2004/LAW/09/29/se....ap/index.html

[Potato]

I really know nothing about this stuff, but how does the Supreme Court stand on all this?

[Lord_of_the_Dense]

WASHINGTON, D.C.-- Congresspeople on both sides of the aisle today strongly questioned the need to extend a controversial part of the federal Patriot Act that allows Internet service providers to give e-mail messages and personal data to federal law enforcement without a warrant or any notification to the person in question.

At the meeting of the Crime, Terrorism, and Homeland Security subcommittee, the Department of Justice said Section 212 of the act has been used often and has saved lives.

But committee Democrats and Republicans alike voiced concern about the lack of checks and balances in the provision, which allows ISPs to voluntarily give information to the government in emergency situations where there is a risk of death or serious physical harm. Unless Congress extends it, the Patriot Act will expire at the end of the year.

Read entire story here.