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Privacy and the Patriot Act, Etc.

Privacy and the Patriot Act, Etc. Schmitt, R., Provision of Patriot Act Is Ruled Unconstitutional, Los Angeles Times, September 30, 2004. Provision of Patriot Act Is Ruled Unconstitutional (1).

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Privacy and the Patriot Act, Etc.

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  1. Privacy and the Patriot Act, Etc.

  2. Schmitt, R., Provision of Patriot Act Is Ruled Unconstitutional, Los Angeles Times, September 30, 2004.

  3. Provision of Patriot Act Is Ruled Unconstitutional (1) • “The 120-page ruling, by U.S. District Judge Victor Marrero in New York, came in a lawsuit filed by the American Civil Liberties Union on behalf of an Internet service provider that had received a form of administrative subpoena known as a national security letter. The FBI has issued hundreds of these letters since the Sept. 11 terrorist attacks.”

  4. Provision of Patriot Act Is Ruled Unconstitutional (2) • “The letters have drawn fire because they are issued without any court oversight or finding of probable cause and prohibit the recipients of the letters from ever disclosing that they have been received.” • “Authorized by law since the mid-1980s, the letters have become more widely used since the Patriot Act gave the government greater discretion in issuing them in terrorism investigations.”

  5. Provision of Patriot Act Is Ruled Unconstitutional (3) • “A 1986 law carved out an exception in terrorism or counterintelligence cases where the target was said to be an agent of a foreign power.” • “The Patriot Act further softened the standard so that the FBI had only to find that the information was "relevant" to an ongoing terrorism investigation.”

  6. Checks and Balances

  7. You can achieve goals many different ways. Don’t be afraid to think imaginitively.

  8. Mikulan, S., The Wages of Fear, LA Weekly, August 8-14, 2003. Sherman Austin and the Patriot Act

  9. Sherman Austin and the Patriot Act (1) • Web site about anarchy where others could submit links for posting. • One link led to a site that had information about bomb making.

  10. Sherman Austin and the Patriot Act (2) • Agents raid but decide not to arrest. • Week later, held w/o bail, then freed. • Six months later, charged – he agrees to plea bargain. • Judge asks that plea bargain be more stringent. • Final sentence: 1 year, fine, 3 years probation w/restrictions about computers and communication.

  11. Sherman Austin and the Patriot Act (2) • Finished serving year. • Still subject to prosecution under Ca. laws (even on charges plea bargained w/Federal government).

  12. What role does freedom of speech play in society? Innovation? Frustration? Survival?

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