Judge nixes part of ECPA, Patriot Act; DoJ to appeal [priv]

[Declan McCullagh <declan () well com>]

The ruling:
http://www.aclu.org/SafeandFree/SafeandFree.cfm?ID=16596&c=262

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http://news.com.com/Judge+disarms+Patriot+Act+proviso/2100-1028_3-5388764.html

Judge disarms Patriot Act proviso
Published: September 29, 2004, 5:26 PM PDT
By Declan McCullagh

A key part of the USA Patriot Act that allows the FBI to secretly demand 
information from Internet providers violates the U.S. Constitution, a 
federal judge said Wednesday in a ruling that could have a broad impact 
on government surveillance.

U.S. District Judge Victor Marrero barred the FBI from invoking that 
portion of the law in the future, saying the mandatory gag orders amount 
to an "unconstitutional prior restraint of speech in violation of the 
First Amendment."

The 2001 law requires Internet service providers and any other type of 
communication provider--including telephone companies--to comply with 
secret "national security letters" from the FBI. Those letters can ask 
for information about subscribers--including home addresses, what 
telephone calls were made, e-mail subject lines and logs of what Web 
sites were visited.

[...remainder snipped...]

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FOR IMMEDIATE RELEASE   OPA
THURSDAY, SEPTEMBER 30, 2004    (202) 514-2008
WWW.USDOJ.GOV   TDD (202) 514-1888

STATEMENT OF MARK CORALLO, DIRECTOR OF PUBLIC AFFAIRS,
ON THE DEPARTMENT'S DECISION TO APPEAL THE NATIONAL SECURITY LETTER 
RULING BY THE DISTRICT COURT IN NEW YORK

	"The Justice Department will continue to defend our ability to protect 
the American people from our terrorist enemies.

	"The New York district court has struck down as unconstitutional an 
important act of Congress,  the 1986 National Security Letter statute 
(18 USC 2709).  That decision takes away a tool for fighting terrorism 
that the Congress has authorized.  The Department of Justice Department 
will appeal that decision.

	"We will continue to defend our ability to protect our people, to 
safeguard their liberty, and preserve our way of life.

	"We will also work with the Congress to clarify, improve and, where 
necessary, enhance our legal tools to fight the terrorists and prevent 
another attack."

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04-664
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