Slashdot Mirror
Judge Strikes Down Part of Patriot Act
Shining Celebi writes "U.S. District Judge Victor Marrero ruled in favor of the ACLU and struck down a portion of the revised USA PATRIOT Act this morning, forcing investigators to go through the courts to obtain approval before ordering ISPs to give up information on customers, instead of just sending them a National Security Letter. In the words of Judge Marrero, this use of National Security Letters 'offends the fundamental constitutional principles of checks and balances and separation of powers.'"
I, for one, welcome our newly Constitutionally-conscious judicial overlords.
At least someone still has some sense and remembers about those quaint old "rights" and "warrants" and "due process".
Where is the "nodamnkidding" tag when you need it?
I Am My Own Worst Enemy
Now we just have to get the rest struck down.
B5 71 ED FB 55 D6 4E 68 07 25 E2 FA CA 93 F0 2F, is mine! All mine!
If the members of Congress had any sort of backbone, we wouldn't have needed to bring checks and balances into play.
"It is a miracle that curiosity survives formal education." -Albert Einstein
this use of National Security Letters "offends the fundamental constitutional principles of checks and balances and separation of powers."
This entire administration offends the fundamental constitutional principles of checks and balances and separation of powers.
The theory of relativity doesn't work right in Arkansas.
"Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety." -Benjamin Franklin
The game.
Anyone want to guess how long it'll be before Victor finds himself out of a job?... Unfortunately...
Next on the todo list: throw out the rest of that abomination of a document that is the Patriot Act. It seems more and more often that document is affecting reach of life that go far beyond "national security". I recently had to provide multiple forms of documentation to open a Health Savings Account because of a Patriot Act provision.
Good work, Congress. Protecting our freedoms by removing our freedoms.
I'm an anti-voter, anti-voting in all elections that I can vote in. Many people are surprised that I said I would actually vote for Ron Paul in the primaries, since this vote doesn't actually give any of my rights up to another individual. But even with so many RP supporters online (and now offline), I still think the only way to reduce tyranny in this country is to get judges back into reading the Constitution, and understanding that the document is not flexible, living, breathing and adapting.
Since the U.S. was born, it was understood by all, even detractors, that the Constitution had one purpose: the keep Federal government small and let the individual States be big for those who wanted a big State, and small for those who wanted a small State. People afraid of a North American Union forget that the U.S. was designed this way: a union of States (governments) that agree to one thing: personal rights and responsibilities (these are one thing because they go hand-in-hand).
I'm SHOCKED that we today forget that freedom comes from a lack of government intrusion, NOT from government intrusion. The PATRIOT Act is a simple proof that citizens today have no clue that the Federal government is restrained by the Constitution exactly as it was written. No laws restricting speech, no laws restricting arms, no laws restricting Habeus Corpus, no laws restricting travel or transport, no laws restricting trade, no laws restricting the People's rights beyond what limited powers the central body has. In fact, the only thing the Feds really can do is to make sure the individual States don't trample on the individual's rights to act non-violently how they want to act.
I'm glad to see SOME judges admire SOME parts of the Constitution, but I can only dream of a day when judges understand the non-breathing, non-adapting Constitutional limits on the Feds. When that happens, nothing Congress or a power-hungry President do would become law.
This act is contrary to everything that makes America who it is. At least they had the marginally good sense to put a sunset on it. I think they knew it would be kicked out at some point anyway. Good riddance. Patriot Act supporters are whats wrong in America.
Sorry about the writing. Robot fingers, you know? Cliff Steele in DOOM PATROL #23
If you appreciate what the ACLU does, it's worth noting that they could always use your support.
Slashdot Burying Stories About Slashdot Media Owned
Courts these days have very little to do with a codified rule of law - look at all of the Supreme Court cases where major changes in national course have been made by a single person voting along party lines.
This ruling is inevitably going to be appealed, since the government has unlimited funds to drag things through court indefinitely (zero accoutability) and will eventually be brought before the USSC where it will probably be ultimately overturned on a 5-4 vote along party lines. Personally, I think that any case that isn't decided by a margin of at least three should never be allowed to be considered as precedent, and that if a judicial panel can't rule by at least a margin of two then the law should be immediately thrown out as being too vague.
If the g'vt kept the data on you that google does you'd better believe you'd be calling it "doing evil"
The ACLU challenged this law, and hence brought about this ruling. Hopefully, they will be successful in challenging similar laws in the future.
You benefit from their work.
They need to eat.
Donate.
The Bush admin wll just use their next atty general to prevent these cases from getting reviewed, appealing it all the way to the now-biased supreme court. This is a long fight.
Karma Whoring for Fun and Profit.
I'm tired of activist judges who ignore basic law principles
Basic law principles... like the 4th Amendment. Oh, wait, that's what Congress and the President ignored. Good thing someone is actually about enforcing the law. Too bad there are so many who would throw out our most basic of law -- the Constitution -- the second it inconveniences them.
The enemies of Democracy are
In completely unrelated news, U.S. District Judge Victor Marrero has been arrested as an enemy combatant who hates freedom as is currently on an airplane in transit to Guantanamo Bay, Cuba, where he will be held indefinitely. Ironically, it is unlikely that this judge will ever see his own day in court.
President Bush has issued a signing statement declaring that the principles of checks and balances and separation of powers is unConstitutional, since "Clearly the executive branch of government is over the other two, or else they wouldn't have called it the 'executive' branch." Dick Cheney couldn't be reached for comment to see which branch of government he is part of today.
Various parts of The Government Intrusion Act have been struck down over the years, right from the time it was first passed. I was hoping they'd let it just go away through its sunset clause, but they rammed a new version through. So now we start the process anew... go after one part at a time. It may take a while, but it will all eventually go away because Congress and the President overstepped their constitutional authority.
OCO is Loco
The Government can prevent this kind of challenge by simply declaring that the existence of such NSLs is a State Secret, denying any prospective plaintiffs proof that they have standing. That's exactly what the USSC ruled in the secret-wiretap ruling recently and the Administration is sure to have pointed that out (I don't have a copy of the pleadings here, but given the Administration's fondness for that tactic I can't imagine that they would have missed that one.
Lacking <sarcasm> tags,
Read the actual decision. (PDF) What the court ruled was that the "gag rule" associated with "National Security Letters" was fundamentally unconstitutional as a First Amendment violation. The issue is that the FBI can't impose a "gag order" on someone without court approval.
The previous issue, issuance of National Security Letters without court approval as a Fourth Amendment violation, was dealt with when Congress revised the Patriot Act last year to allow recipients of a National Security Letter to challenge them in court, like a subpoena.
As a classic rule of First Amendment jurisprudence, when the Court finds a First Amendment violation, they strike down the entire statute, rather than trying to patch it. That's what the court did here. The court also stayed the execution of the order pending an appeal, which is likely.
It's a narrow holding. The FBI can still issue National Security Letters without going to court first, but anyone who receives one is now in a much stronger position to argue about it. As a practical matter, if you work for an ISP or telco and get a National Security Letter, your response is "This has to go through our lawyers."
Who let Ann Coulter on
The world's burning. Moped Jesus spotted on I50. Details at 11.
Actually the Patriot Act is a mixed bag of some stuff that is pretty bad, and other stuff that seems reasonable but isn't a solution to the situation we faced on 9/11.
If you go through the provisions, most of them seem to be aimed at the proverbial "ticking time bomb" scenario. This wouldn't have helped on 9/11, because the first inkling we had the operation was going on was when the plane was hijacked. At that point the time it would take to get a warrant in Boston vs. Washington DC wasn't an issue. Other provisions pierce the Chinese wall between intelligence and law enforcement. Again that wasn't an issue in 9/11. Had we taken the steps available to us under the old rules, it would have made a difference. Having the same attitude, the new rules would not have made a difference.
If we had done everything we should have in the lead up to 9/11, it is conceivable although not certain that the provisions in the Patriot Act might have made a difference. That is saying something for the Patriot Act in my opinion.
The main problem with the Patriot Act is not what it contains, but what it fails to contain: any provision to hold the executive branch accountable for its use of its new powers. And therein lies the opportunity for a tool of security to become a tool of tyranny. As President Reagan said: trust, but verify. Which means you can trust somebody when any cheating would be made obvious.
The police have the ability to do all kinds of things to you that you wouldn't want them to do, up to and including shooting you dead. This doesn't mean we live in some kind of police haunted dystopia, for the simple reason that there are rules that govern the police use of their powers, and when they exercise those powers they have to answer to the courts as to whether they were using those powers within their lawful limits. That's accountability: it's a philosophy that works.
This by the way is the problem with the administration's wiretapping programs. I'm happy to let them have such programs for the purposes they claim so long as somebody independent verifies they are using it for that alone. If there is no such mechanism, it doesn't matter if the program is being run by Jesus Himself. It's a bad program.
Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
"Ironically, socialized medicine takes healthcare decisions out of individuals' hands..."
So do HMO's.
Yes, he's a troll, but here's an important thing for everyone to remember: the phrase "activist judge" is a synonym for "a judge who made a ruling I don't like."
"Destroy science and religion. Science would re-emerge exactly the same; but not religion." - Penn Jillette, paraphrased
ok, so the US government must get a court order to get customer info from ISP's but the record companies dont?
Im a gamer, not a grammer major. This post is full of spelling and grammer mistakes.