p2pnet.net News:- To no one’s surprise, the US Department will appeal the ruling which struck down the FBI’s right to use National Security Letters (NSLs) to demand, and get, sensitive customer information from ISPs and other businesses without probable cause and without any kind of judicial process.

NSLs also forbid ISPs who have been served with them to tell their customers they’re being scutinized and that personal data may be turned over to the FBI under Section 505 of the USA PATRIOT Act.

Yesterday, the American Civil Liberties Union learned its challenged to the constitutionality had been successful and a federal court barred the DoJ from issuing further NSLs.

"Even now, some in Congress are trying to pass additional intrusive law enforcement powers," said ACLU executive director Anthony D. Romero.

"This decision should put a halt to those efforts."

In a 120-page decision, Judge Victor Marrero of the Southern District of New York struck down Section 505 on the grounds that it violates free speech rights under the First Amendment, as well as the right to be free from unreasonable searches under the Fourth Amendment.

Marrero stayed his ruling for 90 days to give the government an opportunity to raise objections in the district court or the Second Circuit Court of Appeal.

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See:-

forbid ISPs – DoJ loses Security Letters, p2pnet, September 29, 2004

This entry was posted on Thursday, September 30th, 2004 at 10:34 pm and is filed under Uncategorized. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

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