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Judge Strikes Down Part of Patriot Act


From: <rms () computerbytesman com>
Date: Thu, 6 Sep 2007 15:37:36 -0400

http://www.forbes.com/feeds/ap/2007/09/06/ap4089011.html

NEW YORK - 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.

U.S. District Judge Victor Marrero said the government orders must be
subject to meaningful judicial review and that the recently rewritten
Patriot Act "offends the fundamental constitutional principles of checks and
balances and separation of powers."

The American Civil Liberties Union had challenged the law, complaining that
it allowed the FBI to demand records without the kind of court order
required for other government searches.

The ACLU said it was improper to issue so-called national security letters,
or NSLs - investigative tools used by the FBI to compel businesses to turn
over customer information - without a judge's order or grand jury subpoena.


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