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Patriot Act Searches Ruled Unconstitutional

Section that lets the FBI subpoena Internet providers without court OK is unconstitutional.
(Chronicle login: semods4@yahoo.com; pw = speakeasy)

>>Marrero ruled that the provision in the Patriot Act allowing such letters "effectively bars or substantially deters any judicial challenge" and violates free-speech rights by imposing permanent silence on targeted companies.

Writing that "democracy abhors undue secrecy," Marrero said "an unlimited government warrant to conceal ... has no place in our open society."

"Under the mantle of secrecy, the self-preservation that ordinarily impels our government to censorship and secrecy may potentially be turned on ourselves as a weapon of self-destruction," Marrero wrote. "At that point, secrecy's protective shield may serve not as much to secure a safe country as simply to save face."<<

Sanity at last!

-- Dave K, Speakeasy Moderator
click here to email semods4@yahoo.com

The opinions expressed above are my own,
and do not necessarily reflect those of CNET!
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