Judge allows NSA wiretaps for another week
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The federal judge who ordered a halt to   the Bush administration's program of domestic wiretapping on   Thursday allowed the surveillance to continue for a week to   allow an appeals court to weigh in on an issue expected to end   up with the U.S. Supreme Court.
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A federal judge ruled Thursday that the government's warrantless wiretapping program is unconstitutional and ordered an immediate halt to it.
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A federal judge ruled Wednesday that terror suspects held in Cuba must be allowed to meet with lawyers, and that the government cannot monitor their conversations.
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Decision is latest setback to efforts to force disclosure of warrantless wiretapping details.
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A federal judge refused Friday to toss out FBI wiretap evidence in the Jose Padilla terrorism support case, rejecting an attempt by defense attorneys to prevent jurors from hearing conversations about Osama bin Laden and other well-known Islamic extremist leaders.
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Declaring that personal security is as important as national security, a judge Wednesday blocked the government from conducting secret, unchallengeable searches of Internet and
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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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The government can continue to listen in on phone calls and e-mails overseas until its appeal of a federal judge's ruling outlawing the eavesdropping program is decided, the U.S. Appeals Court in Cincinnati ruled on Wednesday.
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A New York judge did the right thing last week when he threw out a USA-PATRIOT Act provision that forced ISPs to secretly cooperate with the FBI, and gave them no obvious avenue for appeal.
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US News, In a blow to the Justice Department&#39;s post-Sept. 11 powers, US District Judge Victor Marrero on Wednesday struck down the provision of the Patriot Act that let the FBI gather phone and Web customer
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A federal judge in New York ruled Wednesday that a key component of the USA Patriot Act is unconstitutional because it allows the FBI to demand information from Internet service providers
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Federal judge denies Justice Department's request to record parts of phone calls sans a wiretap order, concluding it violates the 4th Amendment.
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A German judge Saturday allowed the continued detention of three men suspected of planning an attack on Iraqi Prime Minister Iyad Allawi during his visit to Berlin this week, while a fourth suspect was arrested ...
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The House on Tuesday voted to give two more weeks of life to a law that allows the government more freedom to eavesdrop on suspected terrorists inside the United States, an attempt to buy the logjammed Senate time to pass a bill to replace it.
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A federal judge has ruled that two provisions of the USA Patriot Act are unconstitutional because they allow secret wiretapping and searches without a showing of probable cause
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Hold the phone: Warrantless surveillance of international calls and e-mails into and out of the United States can go ahead while a judge's ruling, which called the intercepts unconstitutional, works its way through the appeals process.
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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.