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Search Records Requests under Patriot Act Ruled Unconstituti

Daily newsbrief journal for September 2007, also see http://www.usdemocrats.com/brief for a global 100-page perpetual brief and follow twitter @usdemocrats


Search Records Requests under Patriot Act Ruled Unconstituti

Postby admin » Sat Jan 28, 2012 4:23 pm

Search Records Requests under Patriot Act Ruled Unconstitutional« Thread Started on Sept 8, 2007, 11:08pm » --------------------------------------------------------------------------------September 7, 2007Search Records Requests under Patriot Act Ruled Unconstitutionalread at source> http://blog.searchenginewatch.com/blog/ ... 8Yesterday controversial elements of the Patriot Act were ruled unconstitutional by federal district court judge Victor Marrero. The Patriot Act, passed shortly after the Sept. 11 attacks, broadly expanded the government's powers to conduct anti-terrorism investigations. In its original form the Patriot Act granted the FBI, among other things, the power to issue “national security letters” (NSLs) that would compel search engines, ISPs, phone companies, libraries and other public sources of information to turn over their customer records. Because the Patriot Act also permanently barred targets from disclosing to their customers that information had been requested, we have no idea how many of these requests have been made to search engines. We do know that thousands of NSLs have been issued in service to counter terrorism efforts. U.S. District Judge Victor Marrero ruled portions of the Patriot Act unconstitutional. Marrero said the non disclosure provisions for NSL recipients violated their First Amendment rights (freedom of speech). He also ruled that the process for issuing the letters undercuts the role of the courts, a violation of the principle of separation of powers under the Constitution. This is not the first challenge to the broad provisions of the Patriot Act. A previous ruling in 2004 resulted in revisions when the Patriot Act was renewed this year that give recipients of the letters a limited right to challenge in court the non disclosure gag orders.
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