Feeds

US judge raises bar on net privacy

People 2: Ashcroft 0

  • alert
  • submit to reddit

Top three mobile application threats

A controversial provision in the Patriot Act empowering the FBI to demand detailed customer records from communications providers and carriers without a court order has been struck down.

Since the Act was rammed through Congress, the Feds have been permitted to obtain personal information about anyone merely by issuing a so-called 'national security letter.' In true Gestapo style, the recipient of such a letter is forbidden to disclose the fact that a demand for information has been made.

US District Judge Victor Marrero found that these provisions of the Act violate the Fourth Amendment by preventing a challenge to government search and seizure, and the First Amendment because the non-disclosure provision amounts to prior restraint of speech.

The ruling forbids the government to issue national security letters or to enforce the non-disclosure provision, but the judge has not yet enacted the judgment because the government is expected to mount an appeal.

The American Civil Liberties Union (ACLU) brought the case against the government on behalf of an ISP, identified in court papers only as "John Doe".

This is the second blow to Ashcroft and Company, since the US Supreme Court ruled in June that terror suspects must be granted access to the courts and permitted to challenge their detention. ®

Related stories

Footing the Big Brother webtap bill
Senators propose Patriot Act limitations
FBI bypasses First Amendment to nail a hacker

Build a business case: developing custom apps

More from The Register

next story
BBC goes offline in MASSIVE COCKUP: Stephen Fry partly muzzled
Auntie tight-lipped as major outage rolls on
iPad? More like iFAD: We reveal why Apple fell into IBM's arms
But never fear fanbois, you're still lapping up iPhones, Macs
Stick a 4K in them: Super high-res TVs are DONE
4,000 pixels is niche now... Don't say we didn't warn you
Amazon Reveals One Weird Trick: A Loss On Almost $20bn In Sales
Investors really hate it: Share price plunge as growth SLOWS in key AWS division
Bose says today is F*** With Dre Day: Beats sued in patent battle
Music gear giant seeks some of that sweet, sweet Apple pie
There's NOTHING on TV in Europe – American video DOMINATES
Even France's mega subsidies don't stop US content onslaught
You! Pirate! Stop pirating, or we shall admonish you politely. Repeatedly, if necessary
And we shall go about telling people you smell. No, not really
Too many IT conferences to cover? MICROSOFT to the RESCUE!
Yet more word of cuts emerges from Redmond
Chips are down at Broadcom: Thousands of workers laid off
Cellphone baseband device biz shuttered
prev story

Whitepapers

Designing a Defense for Mobile Applications
Learn about the various considerations for defending mobile applications - from the application architecture itself to the myriad testing technologies.
Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
Top 8 considerations to enable and simplify mobility
In this whitepaper learn how to successfully add mobile capabilities simply and cost effectively.
Seven Steps to Software Security
Seven practical steps you can begin to take today to secure your applications and prevent the damages a successful cyber-attack can cause.
Boost IT visibility and business value
How building a great service catalog relieves pressure points and demonstrates the value of IT service management.