The World According to Nick
Politics, News, Photography, and Triathlons... What don't I talk about?
Tuesday, December 16, 2008
<< Dick Cheney Is Right and Wrong All At Once Who Should Be Allowed To Limit The Power to Petition? >>
Yet Another Patriot Act Provision Ruled Unconstitutional

Another small victory for liberty, as another provision of the Patriot Act, which Congressman Jim Sensenbrenner claims doesn't violate any civil liberties, was ruled to viotate civil liberties:

A federal appeals court today upheld, in part, a decision striking down provisions of the Patriot Act that prevent national security letter (NSL) recipients from speaking out about the secret records demands. The decision comes in an American Civil Liberties Union and New York Civil Liberties Union lawsuit challenging the FBI's authority to use NSLs to demand sensitive and private customer records from Internet Service Providers and then forbid them from discussing the requests. Siding with the ACLU, the U.S. Court of Appeals for the Second Circuit found that the statute's gag provisions violate the First Amendment.
...
The appeals court invalidated parts of the statute that wrongly placed the burden on NSL recipients to initiate judicial review of gag orders, holding that the government has the burden to go to court and justify silencing NSL recipients. The appeals court also invalidated parts of the statute that narrowly limited judicial review of the gag orders – provisions that required the courts to treat the government's claims about the need for secrecy as conclusive and required the courts to defer entirely to the executive branch.

Of course, as I've argued before, the very idea of a "National Security Letter" itself spits in the face of the 4th Amendment, as they do not require propobable cause in order to get.  But at least if you receive one, you are allowed to talk about it.  Not only that, but now a bank, or an ISP, is allowed to disclose to its customers that your personal data was given to the government.  I guess that's something.  Now you can know that your personal banking information might be on a laptop that the government seems to be constantly losing, unencrypted, at airports.

# Posted at 3:04 PM by Nick  |  Comment Feed Link No Comments  |  No Trackbacks

 Add to del.icio.us |  Digg this Post | Filed Under: Overkill

Comments are closed.


© Copyright 2012 Nick Schweitzer
Powered By newtelligence dasBlog 1.9.7067.0
Theme Based on Design By maystar