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Univ. of San Diego School of Law

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Monday, September 10, 2007

Federal Judge Strikes Calls Portion of Patriot Act Unconstitutional

From washingtonpost.com: A federal judge struck down controversial portions of the USA Patriot Act in a ruling that declared them unconstitutional yesterday, ordering the FBI to stop its wide use of a warrantless tactic for obtaining e-mail and telephone data from private companies for counterterrorism investigations.

The ruling by U.S. District Judge Victor Marrero in New York said the FBI's use of secret "national security letters" to demand such data violates the First Amendment and constitutional provisions on the separation of powers, because the FBI can impose indefinite gag orders on the companies and the courts have little opportunity to review the letters. Rest of Article. . . [Mark Godsey]

http://lawprofessors.typepad.com/crimprof_blog/2007/09/federal-judge-s.html

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