U.S Court curbs FBI powers granted in Patriot Act

[TamilNet, Thursday, 30 September 2004, 00:12 GMT]
Federal judge Victor Marrero, who presides U.S. District Court in New York City, struck down Wednesday a key part of the U.S. Patriot Act, which granted to the FBI surveillance powers to demand company records from businesses without court approval, as unconstitutional, media reports in the U.S said.

FBI Logo"The legislation bars companies and other recipients of these subpoenas from ever revealing that they received the FBI demand for records. Marreo held that this permanent ban was a violation of free-speech rights, CNN website reported.

The provisions of the Act had been challenged by the American Civil Liberties Union (ACLU). Although the ACLU's suit was filed on behalf of an Internet access firm, the ruling could apply to other entities that have received FBI secretive subpoenas, known as national security letters.

"This is a landmark victory against the Justice Department's misguided attempt to intrude into the lives of innocent Americans in the name of national security. Even now, some in Congress are trying to pass additional intrusive law enforcement powers. This decision should put a halt to those efforts," Aljazeera website quoted ACLU Executive Director Anthony Romero as saying.

The ruling was the latest blow to the Bush administration's antiterrorism policies.

In June, the U.S. Supreme Court ruled that terror suspects being held in U.S. facilities like Guantanamo Bay, Cuba, can use the American judicial system to challenge their confinement. That ruling was a defeat for the president's assertion of sweeping powers to hold "enemy combatants" indefinitely after the Sept. 11, 2001, attacks.

In January Judge Audrey Collins in Los Angeles declared Patriot Act's addition of "expert advice and assistance" to the definition of material support was unconstitutionally vague. Judge Collins enjoined the U.S.Government from enforcing the USA PATRIOT Act's prohibition on providing 'expert advice or assistance' to foreign terrorist organizations against the plaintiffs Ralph Fertig, Dr. Jeyalingam, the Humanitarian Law Project, the Ilankai Thamil Sangam and its members, and the Tamil Welfare and Human Rights Committee and its members.

"It is the first time that a court has struck down a portion of the controversial law approved by Congress six weeks after the September 11, 2001 attacks," Washington Post said of Judge Collins ruling.


Related Articles:
24.12.00   Petition against Antiterrorism Law ruling filed in US Suprem..
09.06.98   US Court rules on First Amendment case
20.03.98   US Antiterrorism Law challenged in courts


External Links:
Cornell University: US Constitution - Bill of Rights
US: Anti Terrorism and Effective Death Penalty Act of 1996
General: First Amendment cases
General: Analysis, Commentary on First Amendment
CCR-NY: Civil rights cases filed by Center for Constitutional Rights

 

Latest 15 Reports
24.04.22 05:44  
தீவின் நெருக்கடிச் சூழலில் ஈழத்தமிழர் தேசம் கடைப்பிடிக்கவேண்டிய நிலைப்பாடுகள்
09.04.22 14:44   Photo
குறிதவறும் ஈழத்தமிழர் தலைமைகளுக்கு வரலாறு தருகின்ற எச்சரிக்கை
21.01.22 07:24   Photo
ஈழத்தமிழர் தேசத்தின் தலைமைத்துவம் தேர்தல் அரசியற் கட்சிகளுக்கு அப்பாலானது
02.11.21 15:32   Photo
13 ஆம் சட்டத்திருத்தத்தால் கட்டமைக்கப்பட்ட இன அழிப்பை எதிர்கொள்ள முடியுமா?
15.09.21 08:19  
English version not available
17.05.21 19:23   Photo
Ananthi blames war criminal Silva for blocking collective memorial at Mu'l'livaaykkaal
09.04.21 14:46  
English version not available
23.03.21 12:41   Photo
No focus on Tamil genocide, geopolitics gets played out in Geneva in favour of QUAD formation
21.03.21 13:34   Photo
Navi Pillay explains ‘human rights’ limitations in Geneva on Tamil genocide
15.03.21 20:36   Photo
Deceived Tamil activists in UK falsely claimed ‘substantial changes’ to Zero draft
09.03.21 21:34   Photo
UK repeatedly wronged Tamils says hunger-striker, demands genocide justice
26.02.21 11:53   Photo
Tamils witness false dilemma in Geneva as geopolitical formations pit against each other
19.02.21 14:02   Photo
UK not prepared to push for ICC option in new UNHRC Resolution
07.02.21 23:16   Photo
Unprecedented P2P uprising paves the way for rights-oriented politics of Tamils and Muslims
22.01.21 08:01   Photo
Gotabaya sets up deceptive COI citing ‘sovereignty’ and ‘non-aligned’ foreign policy
 
Find this article at:
http://www.tamilnet.com/art.html?catid=13&artid=13005