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/v3-uk/news/1998174/judge-rules-internet-spying-illegal
07 Sep 2007, Iain Thomson , V3
A US judge has ruled that the FBI cannot spy on people's internet and telephone use without a warrant.
Judge Victor Marrero, of the District of Columbia, determined that the rules under the Patriot Act that allowed the FBI to secretly request telephone, internet and email logs without applying for a warrant were barred by the constitution.
The Patriot Act was passed 43 days after the terrorist attacks in the US on 11 September 2001.
Judge Marrero found that the practice offended constitutional principles of checks and balances, and violated the guarantee of free speech.
In a 24-page summation the judge concluded that the government would also have to hand over evidence requested on under the Freedom of Information act or explain why it would not.
The case was brought by the American Civil Liberties Union, the National Security Archive and the Electronic Privacy Information Center.
"Today's ruling deals a blow to the administration's sweeping and often unfounded secrecy claims," said Nasrina Bargzie, an attorney with the National Security Project at the American Civil Liberties Union.
"When documents are withheld under the Freedom of Information Act, the government must have a better excuse for keeping the documents secret than 'because we said so'."
The judge found that the government's reasons for not releasing documents were "too vague and general" and that the FBI's justifications were "wholly inadequate".
The case will now go to the appeal courts and the government has until 12 October to respond.
Do you agree?
Mr. Franklin said:
Those who would give up essential liberty to purchase a little temporary safety, deserve neither liberty nor safety.
Benjamin Franklin
...Enough said.
Posted by Keehn, 11 Sep 2007
Second Rate Justices Getting In The News
You can probably find a judge out there that will rule on just about anything. There is probably one that would rule that prosecuting pedifiles or terrorists for their activity violates their right to free speech and expression. It gets them in the news for a few days and gives them their 15 minutes of fame! Its called security people, you can find a lot if illegal activity on the internet. Wait for warrants people can die! Its the world we live in, accept it!
Posted by Don, 08 Sep 2007
you cant be serious
You have to be a fool that you would give up your rights as a free American, given to you by the Constitution, so simply and easily! How blind can you be to say something so ridiculous, you miss the whole point.
Posted by kurse, 10 Sep 2007
responsibility
When and if the next terrorist occurs and if American lives are lost Morrero and the ACLU should be tried as accessories.
All laws are man made and common sense should take precedence. Every single phone call I've been involved in during my 72years could belistened to if it preserved my existence!!!!
Posted by maish goretsky, 09 Sep 2007
FBI
This is the stuff that gave Hilter power.
It's all about Freedom!
Would want some FBI jack off checking you out like this guy?
Rayn Seese
Posted by trustno1, 12 Sep 2007