Federal court strikes down part of Patriot Act
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A federal judge on Wednesday ruled a portion of the Patriot Act is unconstitutional, the first time one of the antiterrorism law&#39;s controversial police surveillance provisions has been struck down.
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A divided federal appeals court today dismissed a case challenging a National Security Agency wiretap program, reversing a trial judgeâs order that the program be shut down.
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A federal court on Wednesday struck down two provisions of the Patriot Act dealing with searches and intelligence gathering, saying they violate the Fourth Amendment protection against unreasonable searches and seizures with regard to criminal prosecutions.
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A federal judge in New York struck down one of the Bush administration&#39;s new surveillance powers yesterday, ruling that a USA Patriot Act provision
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A federal judge in Oregon ruled yesterday that two provisions of the USA Patriot Act are unconstitutional, marking the second time in as many weeks that the anti-terrorism law has come under attack in the courts.
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Two provisions of the USA Patriot Act are unconstitutional because they allow search warrants to be issued without showing probable cause, a federal judge ruled Wednesday.
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A U.S. appeals court ruled on Friday a lawsuit challenging the domestic spying program created by President George W. Bush after the September 11 attacks must be dismissed, in a decision based on narrow technical grounds.
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A federal court has ruled part of the USA Patriot Act unconstitutional, saying the FBI can't compel ISPs to turn over user records without notifying those users unless it has a court order or a grand jury subpoena.
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update A federal court has struck down a Pennsylvania law that blocks access to Web sites labeled as child pornography, claiming that the rule violated the First Amendment.
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(InfoWorld) - A U.S. district judge has struck down a part of the anti-terrorism-inspired Patriot Act that requires telephone and Internet service providers to turn over records to the government without telling customers. Judge Victor Marrero, of the U.S. District Court for the Southern District of New York, ruled Thursday that the Patriot Act provision that allows the U.S. Federal Bureau of Investigation toÂ obtain ISP and telecom subscribers' billing, calling, and Web surfing recordsÂ without court approval violates the U.S. Constitution. Marrero ordered the FBI and the U.S. Department of Justice to stop issuing so-calledÂ national security letters, or NSLs, requiring ISPs to turn over subscriber records. The NSL program prohibited ISPs from telling customers that they were being investigated. Marrero delayed the order pending a DOJ appeal of his decision. The NSL program under the Patriot Act violates the First Amendment to the U.S. Constitution as a restraint on free speech, the judge said in his 107-page order. The program also bypasses judicial oversight of the requests, Marrero said. The NSL program could allow the FBI to unmask the identity of Internet users posting anonymous comments, obtain all of the e-mail messages of an Internet user, and even find out all the Web sites a user has visited, Marrero said. "In light of the seriousness of the potential intrusion into the individual's personal affairs and the significant possibility of a chilling effect on speech and association -- particularly of expression that is critical of the government or its policies -- a compelling need exists to ensure that the use of NSLs is subject to the safeguards of public accountability," the judge wrote. The DOJ is reviewing the decision and considering its options, a spokesman said. The American Civil Liberties Union, which brought the lawsuit against the DOJ and FBI, praised Marrero's decision. "Courts have a constitutionally mandated role to play when national security policies infringe on First Amendment rights," Jameel Jaffer, director of the ACLU's National Security Project, said in a statement. "A statute that allows the FBI to silence people without meaningful judicial oversight is unconstitutional." The U.S. Congress passed the Patriot Act less than two months after the terrorist attacks of Sept. 11, 2001. Congress, under pressure from President George Bush, reauthorized the Patriot Act in 2006. Many civil liberties groups have criticized the law for being overly broad and targeting innocent U.S. residents. Marrero in 2004 ruled that the NSL provisions of the Patriot Act violated the Constitution because they amounted to unreasonable search and seizure. After the 2006 revisions to the Patriot Act, the U.S. Court of Appeals for the Second Circuit sent the case back to Marrero for a ruling on whether the NSL provisions were still unconstitutional. The FBI's use of the NSL program, which existed before the Patriot Act, has ballooned since the law was passed, Marrero noted. In 2000, the FBI issued about 8,500 NSL requests, and the number of requests rose to 56,000 in 2004, he wrote. The NSL program's "most troubling" aspect, Marrero wrote, is that it attempts to bypass judicial review of law enforcement requests. The program "reflects an attempt by Congress and the executive to infringe upon the judiciary's designated role under the Constitution," he wrote.
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Parts of the Patriot Act having to do with the disclosure of Internet records were struck down as unconstitutional Thursday.
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Bill would strip federal courts of right to hear cases about the wording, including &#39;under God.&#39;. WASHINGTON -- The US House voted Thursday to strip the Supreme Court and lower federal courts of their power
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A U.S. district judge struck down the section of the act that requires telephone and ISPs to turn over records to the government without telling customers.
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A federal appeals court Friday ordered the dismissal of an ACLU lawsuit challenging President Bush's domestic surveillance program.
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An appeals court on Tuesday upheld the part of a tough anti-terrorism law signed by President George W. Bush that took away the rights of Guantanamo prisoners to challenge their detention before U.S. federal judges.
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A federal judge on Wednesday rejected a surveillance provision of the USA Patriot Act which requires Internet providers to supply personal information about customers to the federal government, and bars them from disclosing that they received a special
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OTTAWA --Canada's top court struck down the country's most contentious anti terrorism provisions yesterday, declaring it unconstitutional to detain foreign terror suspects indefinitely while the courts review their deportation orders.