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 Forum index » Archive » Archive: General » ARG: Aware
ACLU: Patriot Act Lawsuit
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rose
...and then Magic happens


Joined: 26 Nov 2003
Posts: 4117

 		ACLU: Patriot Act Lawsuit
One of the biggest problems with the Patriot Act that hasn't yet been mentioned here (I think) is that gag orders prevent the ISP's and other entities served with the NSL described below from communicating about the NSL.

The lawsuit the ACLU has brought concerning the Patriot Act has been sealed to avoid violating the "gag" requirements. It took the ACLU 3 weeks to get the government to agree as to which parts of the complaint could be made public. The government briefs on the issues were due on June 7th, but I haven't seen anything about them yet.

http://www.aclu.org/SafeandFree/SafeandFree.cfm?ID=15543&c=262

will take you to their site and the basic documents are well worth reading.

In particular, the amicus brief filed by the EFF lays out the extent of the Patriot Act's violation of both the 1st and 4th amendments; explains the ibreadth of the information the FBI can obtain; and, details all the internet entities that may be subject to the act (more than ISPs) [note it is also discussed on the EFF site]. The ACLU has it here:

http://www.aclu.org/nsl/legal/EFF_amicus.pdf

The following summarizes the suit. I would capitalize, bold and underscore the word "extraordinary" in the first line to truly impress you with how rare is the sealing of a case from public view.

Quote:
In an extraordinary sealed case, the American Civil Liberties Union has challenged the FBI’s unchecked authority to issue “National Security Letters” (NSLs), which demand sensitive customer records from Internet Service Providers and other businesses without judicial oversight. Before the Patriot Act, the FBI could use the NSL authority only against suspected ists and spies. Thanks to Section 505 of the Patriot Act, the FBI can now use NSLs to obtain information about anyone at all.

The ACLU’s legal papers argue that the NSL statute violates the First and Fourth Amendments because it does not impose adequate safeguards on the FBI’s authority to force disclosure of sensitive and constitutionally protected information.

The ACLU filed the lawsuit under seal to avoid penalties for violating the NSL statute’s broad gag provision, a provision that the ACLU is challenging on First Amendment grounds. Similar gag provisions are attached to other controversial provisions of the Patriot Act, including Section 215, which the ACLU has challenged in another lawsuit.

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I love this site for being free, in every sense of the word~Spacebass

Mankind was my business, the common good was my business.~ Dickens

PostPosted: Thu Jun 10, 2004 10:27 pm
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BrianEnigma
Entrenched


Joined: 05 Oct 2003
Posts: 1199
Location: Pacific Northwest

 		As a current member of the EFF, I think now would be a good time to mention that they can use your donation!

/me hops back down off the soapbox
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PostPosted: Thu Jun 10, 2004 10:54 pm
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