Results 1 to 6 of 6

Thread: Federal judge rules surveillance provisions unconstitutional

  1. #1
    Slayer of the DP Newsbot
    danarhea's Avatar
    Join Date
    Aug 2005
    Location
    Houston, TX
    Last Seen
    Today @ 01:30 AM
    Gender
    Lean
    Conservative
    Posts
    39,725

    Federal judge rules surveillance provisions unconstitutional

    NEW YORK (Reuters) - A federal judge has ruled unconstitutional national security provisions that permit federal investigators to access customer information from some companies without court approval.


    The provisions "suffer from significant constitutional infirmities," and violate the First Amendment and separation of powers, Judge Susan Illston of the District Court for the Northern District of California wrote in an order on Thursday.
    This is going to be a fight that goes all the way to the Supreme Court. Today, a Federal Judge struck a blow for the First and Fourth Amendments. National security letters, which are documents that the Federal government can issue in order to spy on you without a warrant, have been ruled unconstitutional.

    Article is here.
    The ghost of Jack Kevorkian for President's Physician: 2016

  2. #2
    King Of The Dog Pound
    Black Dog's Avatar
    Join Date
    Dec 2008
    Location
    South Florida
    Last Seen
    @
    Gender
    Lean
    Centrist
    Posts
    34,506

    Re: Federal judge rules surveillance provisions unconstitutional

    Great news. Lets hope the SCOTUS upholds it in the end. I don't have so much faith in them as of late.
    Quote Originally Posted by Moot View Post
    Benjii likes the protests...he'd be largely irrelevant without them. So he needs to speak where he knows there will be protests against him and that makes him responsible for the protests.
    Quote Originally Posted by Absentglare View Post
    You can successfully wipe your ass with toilet paper, that doesn't mean that you should.

  3. #3
    Banned
    Join Date
    Feb 2012
    Location
    Chicago Illinois
    Last Seen
    10-14-15 @ 09:28 AM
    Gender
    Lean
    Private
    Posts
    56,981

    Re: Federal judge rules surveillance provisions unconstitutional

    Quote Originally Posted by danarhea View Post
    This is going to be a fight that goes all the way to the Supreme Court. Today, a Federal Judge struck a blow for the First and Fourth Amendments. National security letters, which are documents that the Federal government can issue in order to spy on you without a warrant, have been ruled unconstitutional.

    Article is here.
    Good Catch Dan.....I was just reading this on another article over the Patriot Act.

    The National Security Letter provision of the Patriot Act expanded the FBI's authority to demand personal customer records from Internet service providers, financial institutions and credit companies without prior court approval, according to the American Civil Liberties Union.

    The letter to the telecommunications company sought "subscriber information" from the company, and warned that the letter's disclosure could result "in a danger to the United States," among other ramifications, according to the decision......snip~

    From your piece. One thing is for certain it is going. She also ruled it is Up to Congress to Tinker with the letters not the Courts.

  4. #4
    Slayer of the DP Newsbot
    danarhea's Avatar
    Join Date
    Aug 2005
    Location
    Houston, TX
    Last Seen
    Today @ 01:30 AM
    Gender
    Lean
    Conservative
    Posts
    39,725

    Re: Federal judge rules surveillance provisions unconstitutional

    Quote Originally Posted by MMC View Post
    Good Catch Dan.....I was just reading this on another article over the Patriot Act.

    The National Security Letter provision of the Patriot Act expanded the FBI's authority to demand personal customer records from Internet service providers, financial institutions and credit companies without prior court approval, according to the American Civil Liberties Union.

    The letter to the telecommunications company sought "subscriber information" from the company, and warned that the letter's disclosure could result "in a danger to the United States," among other ramifications, according to the decision......snip~

    From your piece. One thing is for certain it is going. She also ruled it is Up to Congress to Tinker with the letters not the Courts.
    The most egregious part of the expansion of national security letters under the Patriot Act is that you could go to jail if you went to the media and complained that you had even gotten a national security letter.
    The ghost of Jack Kevorkian for President's Physician: 2016

  5. #5
    Banned
    Join Date
    Feb 2012
    Location
    Chicago Illinois
    Last Seen
    10-14-15 @ 09:28 AM
    Gender
    Lean
    Private
    Posts
    56,981

    Re: Federal judge rules surveillance provisions unconstitutional

    Quote Originally Posted by danarhea View Post
    The most egregious part of the expansion of national security letters under the Patriot Act is that you could go to jail if you went to the media and complained that you had even gotten a national security letter.
    Here let me add this to your Piece, my brutha!

    They're called national security letters and the FBI issues thousands of them a year to banks, phone companies and other businesses demanding customer information. They're sent without judicial review and recipients are barred from disclosing them.

    The government has failed to show that the letters and the blanket non-disclosure policy "serve the compelling need of national security," and the gag order creates "too large a danger that speech is being unnecessarily restricted," U.S. District Judge Susan Illston wrote.

    She ordered the FBI to stop issuing the letters, but put that order on hold for 90 days so the U.S. Department of Justice can pursue an appeal to the 9th U.S. Circuit Court of Appeals.

    Illston wrote that she was also troubled by the limited powers judges have to lift the gag orders.

    Judges can eliminate the gag order only if they have "no reason to believe that disclosure may endanger the national security of the United States, interfere with a criminal counter-terrorism, or counterintelligence investigation, interfere with diplomatic relations, or endanger the life or physical safety of any person."

    That provision also violated the Constitution because it blocks meaningful judicial review.

    Illston isn't the first federal judge to find the letters troubling. The 2nd U.S. Circuit Court of Appeals in New York also found the gag order unconstitutional, but allowed the FBI to continue issuing them if it made changes to its system such as notifying recipients they can ask federal judges to review the letters.

    The FBI made 16,511 national security letter requests for information regarding 7,201 people in 2011, the latest data available. The FBI uses the letters to collect unlimited kinds of sensitive, private information like financial and phone records.....snip~

    AP Newswire | Stars and Stripes

    The DOJ will review. The DOJ will review her Gag Order Ruling. The DOJ was unavailable for Comment. Now they will say they were following the Order from the 2nd Court of appeals by sending the letters to federal judges for review.

  6. #6
    Sage
    jamesrage's Avatar
    Join Date
    Jul 2005
    Location
    A place where common sense exists
    Last Seen
    12-10-17 @ 09:23 PM
    Gender
    Lean
    Slightly Conservative
    Posts
    31,067

    Re: Federal judge rules surveillance provisions unconstitutional

    Quote Originally Posted by danarhea View Post
    This is going to be a fight that goes all the way to the Supreme Court. Today, a Federal Judge struck a blow for the First and Fourth Amendments. National security letters, which are documents that the Federal government can issue in order to spy on you without a warrant, have been ruled unconstitutional.

    Article is here.
    Hopefully the majority of SCOTUS agrees.
    "A nation can survive its fools, and even the ambitious. But it cannot survive treason from within. An enemy at the gates is less formidable, for he is known and carries his banner openly. But the traitor moves amongst those within the gate freely, his sly whispers rustling through all the alleys, heard in the very halls of government itself. For the traitor appears not a traitor; he speaks in accents familiar to his victims, and he wears their face and their arguments, he appeals to the baseness that lies deep in the hearts of all men. He rots the soul of a nation, he works secretly and unknown in the night to undermine the pillars of the city, he infects the body politic so that it can no longer resist. A murder is less to fear"

    Cicero Marcus Tullius

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •