A win for the people! Federal District Court: NSL's are unconsitutional

[blackangst1]

In a huge victory for us (the people) a federal district court has ruled that the FBI's use of NSL's are illegal. I dont know what to make of this...I suspect it will find it's way into SCOTUS but for now, at least, its a nice ruling!


National Security Letters Are Unconstitutional, Federal Judge Rules
Court Finds NSL Statutes Violate First Amendment and Separation of Powers

(A few snippits, comment mine)San Francisco - A federal district court judge in San Francisco has ruled that National Security Letter (NSL) provisions in federal law violate the Constitution. The decision came in a lawsuit challenging a NSL on behalf of an unnamed telecommunications company represented by the Electronic Frontier Foundation (EFF).

In the ruling publicly released today, Judge Susan Illston ordered that the Federal Bureau of Investigation (FBI) stop issuing NSLs and cease enforcing the gag provision in this or any other case. The landmark ruling is stayed for 90 days to allow the government to appeal.


The controversial NSL provisions EFF challenged on behalf of the unnamed client allow the FBI to issue administrative letters -- on its own authority and without court approval -- to telecommunications companies demanding information about their customers. The controversial provisions also permit the FBI to permanently gag service providers from revealing anything about the NSLs, including the fact that a demand was made, which prevents providers from notifying either their customers or the public. The limited judicial review provisions essentially write the courts out of the process.


In today's ruling, the court held that the gag order provisions of the statute violate the First Amendment and that the review procedures violate separation of powers. Because those provisions were not separable from the rest of the statute, the court declared the entire statute unconstitutional. In addressing the concerns of the service provider, the court noted: "Petitioner was adamant about its desire to speak publicly about the fact that it received the NSL at issue to further inform the ongoing public debate."

 

[ivwshane]

That is good news!
I didn't even realize they were doing this without court orders in the first place

 

[dmcowen674]

The money for the equipment has already been allocated, spent and being installed.

 

[blackangst1]

The money for the equipment has already been allocated, spent and being installed.

You didnt read the article. Or you didnt understand it. One of the two.

 

[Bowfinger]

That's one small step forward for Americans' constitutional rights. Let's hope the ruling stands.

 

[fskimospy]

Fantastic news!

 

[Double Trouble]

This is good news. Lets hope other courts agree, all the way to the scotus.

If the FBI needs to gain access to something, let it go through an appropriate court review process.

 

[alzan]

Must be one of them liberal activist judges.

/sarcasm

Good ruling. I as well hope it stands up to review.

 

[CPA]

You didnt read the article. Or you didnt understand it. One of the two.

I'm wagering on both.

 

[umbrella39]

I'm wagering on both.

I'm not a betting man but can I take some of this action as I think it might be the "sure thing" I have heard so many people reference over the years...

 

[NoStateofMind]

The problem here is that it took a ruling.

Honestly, does this need a fucking ruling for people to understand?

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

 

[ivwshane]

The problem here is that it took a ruling.

Honestly, does this need a fucking ruling for people to understand?

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Yeah that's how law works and that's how this country was setup. Please don't stink up this thread with your shit

 

[NoStateofMind]

Yeah that's how law works and that's how this country was setup. Please don't stink up this thread with your shit

Again with the shitting in threads. Thats enough.

 

[Hayabusa Rider]

Must be one of them liberal activist judges.

/sarcasm

Good ruling. I as well hope it stands up to review.

Hopefully it comes to the SCOTUS before Obama stuffs the courts with his ideological clones.

 

[irishScott]

Nice! Now if it can only survive SCOTUS...

 

[NoStateofMind]

Nice! Now if can only survive SCOTUS...

Its sad we think exactly that when such a thing is so easy to understand. Makes my heart ache

 

[cybrsage]

I received internal communications from Verizon Corporate telling me not to abide by any NSL anyone may show me - to refer them to the corporate heads instead and say that I am not authorized to do anything without their express approval.

I wonder if Verizon is that unnamed telecommunications company.

 

[Matt1970]

Come on now, just trust your government.......

 

[PokerGuy]

If you have nothing to hide.......

 

[cliftonite]

Hopefully it comes to the SCOTUS before Obama stuffs the courts with his ideological clones.

Ideological clones like Justices Antonin Scalia, John Roberts, Clarence Thomas, Anthony Kennedy, and Samuel Alito? Who upheld warantless wiretaps?

http://www.dailytech.com/Conservati...enge+to+Warrantless+Wiretaps/article29993.htm

 

[cybrsage]

Ideological clones? You obviously do not actually know much about the Supreme Court Justices...especially Justice Roberts.

 

[piasabird]

O'Bamma likes spying on people.