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Dead Constitution
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Title: Federal judge throws out parts of Patriot Act, says court's OK needed to get `Net records
Source: Associated Press
URL Source: http://www.presstelegram.com/ci_6817027
Published: Sep 6, 2007
Author: Associated Press
Post Date: 2007-09-06 11:39:58 by Brian S
Keywords: None
Views: 64
Comments: 2

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.

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#2. To: Brian S (#0)

The Second Circuit is likely to affirm this judge's holding. Meaning that, if it is to be reversed, it will have to be the Supreme Court that does it.

aristeides  posted on  2007-09-06   11:47:21 ET  Reply   Untrace   Trace   Private Reply  


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