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[MIMIC]

A federal judge on Wednesday struck down a key provision of a law that is the centerpiece of the Bush administration's legal war on terrorism, ruling that the FBI cannot require Internet service providers to turn over subscriber information and keep quiet about it forever without giving the providers a chance to fight the government in court.

The decision by U.S. District Judge Victor Marrero in New York in a case that pitted personal liberties against national security marked the first time that surveillance power granted to federal agents under the USA Patriot Act has been ruled unconstitutional.

"In general, as our sunshine laws and judicial doctrine attest, democracy abhors undue secrecy," Marrero wrote. "Hence, an unlimited government warrant to conceal ... has no place in our open society."

[...]

The civil case was brought by the American Civil Liberties Union on behalf of an Internet provider whose name is being kept secret by the court. The provider received what is known as a national security letter — a demand, on FBI letterhead, to produce customer information. Unlike grand jury subpoenas, national security letters may not be contested before a judge.

Marrero said the provision's "compulsory, secret and unreviewable production of information" demanded by the FBI violates the Fourth Amendment's protection against unreasonable searches, and its unlimited ban on disclosure by recipients of the letters infringes on their free-speech rights under the First Amendment.

Anthony Romero, the ACLU's executive director, called the decision "a stunning victory against John Ashcroft's Department of Justice," referring to the attorney general whose defense of the Patriot Act has largely consumed his tenure as the nation's top law enforcer. Mark Corallo, a Justice spokesman, said the department is reviewing the ruling.

[...]

Marrero said he appreciates the government's concerns about terrorism. But, he said, freedoms must be guarded in times of crisis. "Sometimes a right, once extinguished, may be gone for good," Marrero said.

USA Today

It appears that more and more of the "9/11 effect" is wearing off.

 

[iyox]

As more and more of those provisions are struck down....
Cue terroist attack #2...Coronation of Bush, fuck 4 more years we want him for life.

 

[sefskillz]

Does anyone have a link to the story about a website that was shut down due to this part of the Patriot Act? Pretty sure the site was related to a television show or something.

 

[MIMIC]

Does anyone have a link to the story about a website that was shut down due to this part of the Patriot Act? Pretty sure the site was related to a television show or something.

I've never heard of that. Sounds very interesting.

 

[MIMIC]

The AP says that Ashcroft will likely appeal the ruling:

"There are hundreds of district court judges, and one of them has indicated that some parts of the Patriot Act, in accordance with his view, does not meet constitutional standards," he said. "We will continue in the United States to use every tool we have in the Constitution to fight terrorism."

I had no idea that the Patriot Act was an extension of the Constitution.

If the "Patriot" Act is the new Constitution, I guess the Bush Administration considers the Constitution as "unpatriotic."

Ohhhh. I get it now.

 

[Manabanana]

The AP says that Ashcroft will likely appeal the ruling:



I had no idea that the Patriot Act was an extension of the Constitution.

If the "Patriot" Act is the new Constitution, I guess the Bush Administration considers the Constitution as "unpatriotic."

Ohhhh. I get it now.

Shit, Titor!

 

[3rdman]

The thing about the patriot act that most people don't realize is that it is nothing but a laundry list of amendments to existing laws. Some of them are reasonable but many are simply unconstitutional and do nothing but remove our civil liberties. The P.A., in short, is changes many officials wish they could enact but couldn't because they were illegal.

 

[shoplifter]

Does anyone have a link to the story about a website that was shut down due to this part of the Patriot Act? Pretty sure the site was related to a television show or something.

I think it was a Farscape fansite that had eps in Real (lollers) format or something.

 

[sefskillz]

I think it was a Farscape fansite that had eps in Real (lollers) format or something.

here's the link: http://www.sg1archive.com/nightmare.shtml

 

[MrPing1000]

faith in not all americans being clueless idiots +25

 

[DarienA]

here's the link: http://www.sg1archive.com/nightmare.shtml

Wow they are jerkin the hell outta that guy....

 

[Triumph]

Damn those activist judges trying to legislate from the bench! When will the insanity end?

 

[Christoff Yurievich]

As more and more of those provisions are struck down....
Cue terroist attack #2...Coronation of Bush, fuck 4 more years we want him for life.

The PA is what most people would like to call a "bad thing." Anything that makes this "bad thing" go away is known as a "good thing."

 

[iyox]

The PA is what most people would like to call a "bad thing." Anything that makes this "bad thing" go away is known as a "good thing."

You completely missed my point

 

[MIMIC]

The PA is what most people would like to call a "bad thing." Anything that makes this "bad thing" go away is known as a "good thing."

He meant that Bush is going to do something (or something suspect will happen in his favor) to allow him to have his way with civil rights.

 

[Christoff Yurievich]

OH. see, if you had said that I would have caught the nuances. It didn't read well in my mind. Sorry.

 

[Cauliflower of Love]

Soooo what about all the people that got fucked already? The college students, the 12 yr old girl, etc?

edit: oh wait...article says FBI....still

 

[yoshifumi]

john titor was right, get your bikes and rifles!!