Court Finding
The Court subsequently found section 2709 of the Electronic Communications Privacy Act unconstitutional. It reasoned that it could not find in the provision an implied right for the person receiving the subpoena to challenge it in court as is constitutionally required.
The finding of unconstitutionality essentially dismisses any claimed presumptive legal need for absolute secrecy in regard to terrorism cases. The USA PATRIOT Act is affected only if the limits on NSLs in terrorism cases also apply to non-terrorism cases such as those authorized by the Act. The government was expected to appeal the ruling to the Supreme Court, and until the district court ruling is reviewed, the secrecy procedures of the NSL remain in place.
Read more about this topic: American Civil Liberties Union V. Ashcroft
Famous quotes containing the words court and/or finding:
““But such as you and I do not seem old
Like men who live by habit. Every day
I ride with falcon to the river’s edge
Or carry the ringed mail upon my back,
Or court a woman; neither enemy,
Game-bird, nor woman does the same thing twice....””
—William Butler Yeats (1865–1939)
“In the middle years of childhood, it is more important to keep alive and glowing the interest in finding out and to support this interest with skills and techniques related to the process of finding out than to specify any particular piece of subject matter as inviolate.”
—Dorothy H. Cohen (20th century)