NationStates Jolt Archive


It's about time...

Sel Appa
06-09-2007, 19:29
A judge struck down a part of the USA PATRIOT Act. Hopefully the rest of it will soon be declared unconstitutional as well.

Link (http://news.yahoo.com/s/ap/20070906/ap_on_re_us/patriot_act_lawsuit)

NEW YORK - A federal judge struck down parts of the revised USA Patriot Act on Thursday, saying investigators must have a court's approval before they can order Internet providers to turn over records without telling customers.

U.S. District Judge Victor Marrero said the government orders must be subject to meaningful judicial review and that the recently rewritten Patriot Act "offends the fundamental constitutional principles of checks and balances and separation of powers."

The American Civil Liberties Union had challenged the law, complaining that it allowed the FBI to demand records without the kind of court order required for other government searches.

The ACLU said it was improper to issue so-called national security letters, or NSLs — investigative tools used by the FBI to compel businesses to turn over customer information — without a judge's order or grand jury subpoena. Examples of such businesses include Internet service providers, telephone companies and public libraries.

Yusill Scribner, a spokeswoman for the U.S. attorney's office, said prosecutors had no immediate comment.

Jameel Jaffer, who argued the case for the ACLU, said the revised law had wrongly given the FBI sweeping authority to control speech because the agency was allowed to decide on its own — without court review — whether a company receiving an NSL had to remain silent or whether it could reveal to its customers that it was turning over records.

In 2004, ruling on the initial version of the Patriot Act, the judge said the letters violate the Constitution because they amounted to unreasonable search and seizure. He found that the nondisclosure requirement — under which an Internet service provider, for instance, would not be allowed to tell customers that it was turning over their records to the government — violated free speech.

After he ruled, Congress revised the Patriot Act in 2005, and the 2nd U.S. Circuit Court of Appeals directed that Marrero review the law's constitutionality a second time.

The ACLU complained that Congress' revision of the law didn't go far enough to protect people because the government could still order companies to turn over their records and remain silent about it, if the FBI determined that the case involved national security.

The law was written "reflects an attempt by Congress and the executive to infringe upon the judiciary's designated role under the Constitution," Marrero wrote.
Myrmidonisia
06-09-2007, 19:34
We should be far more worried about the unconstitutionality of the McCain-Feingold Campaign finance act than this piece of legislation.
Safalra
06-09-2007, 19:41
We should be far more worried about the unconstitutionality of the McCain-Feingold Campaign finance act than this piece of legislation.
Personally I think we should be more worried about the recent spate of thread-hijackings.
Myrmidonisia
06-09-2007, 20:47
Personally I think we should be more worried about the recent spate of thread-hijackings.

So when it comes right down to it, the Patriot Act just isn't a threat to anyone. I'll buy that.
Khadgar
06-09-2007, 20:52
ACTIVIST JUDGES!







In before the conservatives start bitching about 'em.
Neo Art
06-09-2007, 21:00
We should be far more worried about the unconstitutionality of the McCain-Feingold Campaign finance act than this piece of legislation.

frankly speaking I'm more worried about a piece of legislation that allows the executive branch to spy on citizens without the slightest bit of oversight a tad more than I am about a law that regulates vote buying.

But that's just me.
Verdigroth
06-09-2007, 21:02
frankly speaking I'm more worried about a piece of legislation that allows the executive branch to spy on citizens without the slightest bit of oversight a tad more than I am about a law that regulates vote buying.

But that's just me.

shh don't say that the republicans will have the fbi ceize all your records.
HotRodia
06-09-2007, 21:03
ACTIVIST JUDGES!







In before the conservatives start bitching about 'em.

I'm a conservative, but I just think the whole activist judges complaint is nonsense. Judges are the only group of professionals I know of that can get called activists for simply doing their job.
Neo Art
06-09-2007, 21:10
Judges are the only group of professionals I know of that can get called activists for simply doing their job.

they're only doing their job when you agree with them you see. If someone with no legal training, no professional background, and who hasn't read the law in question or heard the arguments disagrees with the judge however, well that judge is obviously wrong and a damned activist.
PedroTheDonkey
06-09-2007, 21:10
I'm a conservative, but I just think the whole activist judges complaint is nonsense. Judges are the only group of professionals I know of that can get called activists for simply doing their job.

*applause*
Trotskylvania
06-09-2007, 22:34
We should be far more worried about the unconstitutionality of the McCain-Feingold Campaign finance act than this piece of legislation.

So when it comes right down to it, the Patriot Act just isn't a threat to anyone. I'll buy that.

Acting again as self-appointed agent of the underworld for NSG, I Darn You to Heck once more on 2 charges.

1) That you did knowingly, with deliberate malice, attempt to threadjack a thread away from an issue that people care about to something that no one really cares about.

2) That you did willingly argue that increased government surveillance will harm no one after having complained about the Soviet Union.

I find you guilty as charged, and sentence you to 666 days in Heck.