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:
“Of all things in life, Mrs. Lee held this kind of court-service in contempt, for she was something more than republican—a little communistic at heart, and her only serious complaint of the President and his wife was that they undertook to have a court and to ape monarchy. She had no notion of admitting social superiority in any one, President or Prince, and to be suddenly converted into a lady-in-waiting to a small German Grand-Duchess, was a terrible blow.”
—Henry Brooks Adams (1838–1918)
“I do not know what I may appear to the world; but to myself I seem to have been only like a boy playing on the seashore, and diverting myself in now and then finding a smoother pebble or a prettier shell than ordinary, whilst the great ocean of truth lay all undiscovered before me.”
—Isaac Newton (1642–1727)