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10/03/2004 Archived Entry: ""

At last, some good news on the Home Security front.... As Wired reports: "Part of the Patriot Act, a central plank of the Bush administration's war on terror, was ruled unconstitutional by a federal judge Wednesday." And, as an update from the ACLU states,

Ruling in an ACLU case, a federal court has struck down a Patriot Act provision that gives the government unchecked authority to issue "National Security Letters" to obtain sensitive customer records from Internet Service Providers and other businesses without judicial oversight.

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

The ruling is the first to strike down any of the vast new surveillance powers authorized by the Patriot Act. Saying that "democracy abhors undue secrecy," Judge Victor Marrero of the Southern District of New York struck down Section 505 of the law on the grounds that it violates free speech rights under the First Amendment as well as the right to be free from unreasonable searches under the Fourth Amendment.

Unfortunately, the status report goes on to state, At the very moment Judge Marrero issued his decision, members of Congress were debating whether to give the government additional Patriot Act-type powers. The debate over new law enforcement powers came as Republican leaders in the House and Senate engaged in a game of political marksmanship with Democrats. The ultimate loser could very well likely be our rights.

Over the next few weeks, Republican House and Senate leaders are expected to bring the question of new law enforcement powers and several other controversial measures to a vote. You can make a difference today by taking action and sharing this information with your friends, family, colleagues and neighbors.