posted September 29, 2004 08:11 PM            

Surveillance powers granted to the FBI under the Patriot Act, a cornerstone of the Bush Administration's war on terror, have been ruled unconstitutional by a judge in a new blow to US security policies.

US District Judge Victor Marrero, in the first decision against a surveillance portion of the act, ruled for the American Civil Liberties Union in its challenge against what it called "unchecked power" by the FBI to demand confidential customer records from communication companies, such as Internet service providers or telephone companies.

Marrero, stating that "democracy abhors undue secrecy," found that the law violates constitutional prohibitions against unreasonable searches. He said it also violated free speech rights by barring those who received FBI demands from disclosing they had to turn over records.

Because of this gag order, the ACLU initially had to file its suit against the Department of Justice under seal to avoid penalties for violation of the surveillance laws.

Although the ACLU's suit was filed on behalf of an Internet access firm, the ruling could apply to other entities that have received FBI secretive subpoenas, known as national security letters.

The ACLU said that the Patriot Act provision was worded so broadly that it could effectively be used to obtain the names of customers of websites such as Amazon.com or Ebay, or a political organization's membership list, or even the names of sources that a journalist has contacted by e-mail.

"This is a landmark victory against the Ashcroft Justice Department's misguided attempt to intrude into the lives of innocent Americans in the name of national security," said ACLU Executive Director Anthony Romero.

"Even now, some in Congress are trying to pass additional intrusive law enforcement powers. This decision should put a halt to those efforts," he said.

Patriot Act

He said the suit was one of the ACLU's legal battles to block certain sections of the Patriot Act that went "too far, too fast."

The FBI has had power to issue national security letters demanding customers records from communication companies since 1986. These letters do not require court supervision, but the FBI could at first only seek such private information if the subject was suspected of being a foreign spy.

In 1993, Congress expanded the powers further to include people who communicated with suspected spies or terrorists.

But a section of the Patriot Act -a controversial law the Bush administration pushed through Congress after the Sept. 11, 2001 attacks to help it battle terrorism- gave the FBI even more power to obtain information through these letters.

In his ruling, Marrero prohibited the Department of Justice and the FBI from issuing the national security letters, but delayed enforcement of his judgment pending an expected appeal by the government. The Department of Justice said it was reviewing the ruling.
The decision is the latest blow to the Bush administration's anti-terrorism policies.

In June, the US Supreme Court ruled that terror suspects being held in US facilities like Guantanamo Bay, Cuba, can use the American judicial system to challenge their confinement. That ruling was a defeat for the president's assertion of sweeping powers to hold "enemy combatants" indefinitely after the Sept. 11 attacks.

posted October 02, 2004 03:26 AM              

*Rainbow cautiously entering the "chokey"*

Love,
Rainbow

ps Everyone is saying that Kerry won the debate....

*Rainbow hastily exits*