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MADem

(135,425 posts)
62. Your example is a page from ACLU v. Ashcroft LAWSUIT.
Tue Jan 7, 2014, 04:58 PM
Jan 2014
How did that pan out, now?



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.[4] 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.[citation needed]

...On August 10, 2010, after 6 years Nicholas Merrill was partially released from his gag order and allowed to reveal his identity, although he could not reveal what information the FBI sought from him. This was 3 years after Merill won a 'liberty award' from the ACLU, which had to present the award to an empty chair at the time. Merrill has since founded the nonprofit Calyx Institute to provide education and research on privacy issues.



The Doe v. Ashcroft/Gonzales/Mukasey/Holder case yielded two significant rulings. The first was a September 2004 district court decision that the national security letter statute was unconstitutional, which prompted Congress to amend the law to allow a recipient to challenge the demand for records and the gag order.[5] The second was a December 2008 appeals court decision that held that parts of the amended gag provisions violated the First Amendment and that, to avoid this, the FBI must prove to a court that disclosure would harm national security in cases where the recipient resists the gag order.[6]

On August 10, 2010, after more than 6 years, Nicholas Merrill was partially released from his gag order and allowed to reveal his identity, although he still cannot reveal what information the FBI sought from him.[7] This was 3 years after Merrill won The Roger Baldwin 'Medal of Liberty'[8] award from the ACLU, which had to present the award to an empty chair at the time. Merrill has founded the nonprofit Calyx Institute to provide education and research on privacy issues.[9]

He held the talk "The importance of resisting Excessive Government Surveillance" at the annual Chaos Communication Congress 2010 from the German Hacker Group Chaos Computer Club in which he told his story of the past 6 years.


Full ruling here:
https://www.aclu.org/sites/default/files/FilesPDFs/nsl_decision.pdf

Not sure what you're rolling on the floor about...the ACLU pretty much won that one.

Recommendations

0 members have recommended this reply (displayed in chronological order):

Don't they look like charming grandparents...! MADem Jan 2014 #1
Nice To Know This Pisses You Off... You Don't Like American Heroes, Do You ??? WillyT Jan 2014 #3
+1 We are no longer the home of the brave. Luminous Animal Jan 2014 #5
He made a nasty, personally insulting comment, and you cheerlead it. MADem Jan 2014 #9
To bad for you, that you are now a surveillance Luminous Animal Jan 2014 #16
I have a problem with thieves who run to dictatorships and continue to MADem Jan 2014 #20
Clearly those people praised Snowden. "You" are no longer "you" Luminous Animal Jan 2014 #22
Sen. Wyden was warning about problems with the surveillance of some sort before Snowden JDPriestly Jan 2014 #26
And as if the exposure of COINTELPRO didn't create "problems". Luminous Animal Jan 2014 #28
Congress IS capable of conducting hearings in closed session, and if you don't think that staffers MADem Jan 2014 #33
I get the impression Rand Paul is only making a big deal out of this.... Hassin Bin Sober Jan 2014 #55
Sure, I don't disagree with you there. But my point is, Randy has access to MADem Jan 2014 #60
What happened to the leaker of Valerie Plame's identity and undercover work? So Congress held sabrina 1 Jan 2014 #74
Code Pink made a mockery of those hearings, which resulted in very little coverage. MADem Jan 2014 #75
Can't answer the question? I can, NOTHING happened to the leaker. Thanks Congress. sabrina 1 Jan 2014 #78
What do you mean, "can't answer the question?" Your memory is faulty. The leaker was convicted. MADem Jan 2014 #79
Libby was convicted of OBSTRUCTION OF JUSTICE. You know what that means don't you? He sabrina 1 Jan 2014 #80
Obstruction of justice, making false statements, and two counts of perjury. MADem Jan 2014 #81
I and most Democrats are more than familiar with all that happened during what at one time, looked sabrina 1 Jan 2014 #83
So what's your solution? "Slash and burn?" "Throw 'em all out" because they didn't MADem Jan 2014 #86
My solution was to elect Dems in 2008. Remember? What is yours, to give up and accept it? All the sabrina 1 Jan 2014 #87
Well, I don't vote for Republicans, so what are you on me about? MADem Jan 2014 #92
Mmm, Ellsberg suffered the same attacks when he decided that the welfare of the country and the sabrina 1 Jan 2014 #73
Ellsberg didn't run away, and he didn't write letters to foreign governments offering his services. MADem Jan 2014 #76
Actually, he did go into hiding. But, quite a few people at the RAND corp knew were certain who Luminous Animal Jan 2014 #82
Wow, your 'justification' is that you want to think I think him being jailed MADem Jan 2014 #93
+infinity Nt newfie11 Jan 2014 #47
You have a reading comprehension problem. MADem Jan 2014 #6
You may have resembled those "guys" Luminous Animal Jan 2014 #15
Just give it up. MADem Jan 2014 #17
No. I won't give it up. And so happy that these people who allegedly were you, praised Snowden Luminous Animal Jan 2014 #19
You have a nice day, now. Try to get some help for that issue you have. nt MADem Jan 2014 #21
Truly. It is an itch that I have to scratch from time to time Luminous Animal Jan 2014 #23
Your itch, in less than eight paragraphs, is infected. Get some ointment on it. nt MADem Jan 2014 #34
Indeed. I have. You are my ointment. And a very satisfying ointment you are. Luminous Animal Jan 2014 #36
"Looking forward to your 8 paragraph rebuttal....." MADem Jan 2014 #38
. Luminous Animal Jan 2014 #40
.... MADem Jan 2014 #41
I think you mis-read him. Hassin Bin Sober Jan 2014 #12
Hey Willy, you are better than that.. dixiegrrrrl Jan 2014 #14
Nope. Willy is spot on. Luminous Animal Jan 2014 #25
Given that Cointelpro was only stopped by its exposure Luminous Animal Jan 2014 #4
Well, my point was--and plainly you with your "plus one" yee hawing missed it-- MADem Jan 2014 #8
Clearly. You haven't a clue. Looking forward to your 8 paragraph rebuttal Luminous Animal Jan 2014 #11
Again--give it up. You embarrass yourself. nt MADem Jan 2014 #18
Really. You cover yourself with the mantle of those who exposed FBI un-Constitutional surveillance.. Luminous Animal Jan 2014 #24
Looking forward to your 8 paragraph rebuttal. MADem Jan 2014 #35
. Luminous Animal Jan 2014 #39
"Click." MADem Jan 2014 #42
FOIA!?! progressoid Jan 2014 #61
Your example is a page from ACLU v. Ashcroft LAWSUIT. MADem Jan 2014 #62
Here's why progressoid Jan 2014 #65
So....Obama and Holder AREN'T the bad guys? That's a switch, particularly here. MADem Jan 2014 #71
Cowards. They should have admitted their crime at the time Luminous Animal Jan 2014 #2
Blah, blah, blah. Police state humper. Downtown Hound Jan 2014 #88
That was sarcasm Luminous Animal Jan 2014 #90
My bad. Sorry. Sometimes, it's hard to tell around here. Downtown Hound Jan 2014 #91
K&R: What they looked like more or less during the period: El_Johns Jan 2014 #7
Rob and Laura Petrie Hassin Bin Sober Jan 2014 #10
Without a doubt, outing themselves will make Snowden very happy! Luminous Animal Jan 2014 #13
A really amazing story. nilesobek Jan 2014 #64
These folks seem to be pretty honorable themselves. AverageJoe90 Jan 2014 #27
If they are so honorable, why didn't they expose themselves from the get go? Luminous Animal Jan 2014 #29
So what? El_Johns Jan 2014 #43
so you are calling them cowards? madrchsod Jan 2014 #49
I think the poster is pointing out that some others here would call them cowards Fumesucker Jan 2014 #51
thanks... madrchsod Jan 2014 #56
I hope there's a statute of limitations on their "crime". Kablooie Jan 2014 #30
Five years for burglary--long passed. They are safe. nt MADem Jan 2014 #37
I would be more impressed with their courage if they had nof waited 43 years to come forward. Jenoch Jan 2014 #31
Hahahaha!!!! Their courage was the original theft. They've come forward to support Snowden. Luminous Animal Jan 2014 #32
When I was 20 I dove into a lake Jenoch Jan 2014 #44
Kick nt Hissyspit Jan 2014 #45
I guess it proves the FBI was no more competent 43 years ago than they are now Savannahmann Jan 2014 #46
spy vs spy madrchsod Jan 2014 #48
Great story! G_j Jan 2014 #50
Those TRAITORS should be hanged! Warren Stupidity Jan 2014 #52
My Facebook is going to be lit up with that sentiment, today. Paladin Jan 2014 #54
(Though civilians), they deserve the Congessional Medal of Honor. Faryn Balyncd Jan 2014 #53
Kick. Luminous Animal Jan 2014 #57
K&R Solly Mack Jan 2014 #58
I wonder about the posters here, who have a problem with the people exposing unlawful and RC Jan 2014 #59
One of the principles of the Jury System is Justice Savannahmann Jan 2014 #63
That's called a defense of necessity. Manifestor_of_Light Jan 2014 #68
A "good samaritan" law, if you will...? nt MADem Jan 2014 #72
People who defend the status quo are not part of the solution. jsr Jan 2014 #66
Maybe they have a dog in the fight. nilesobek Jan 2014 #84
I've thinking along those lines too. RC Jan 2014 #85
PROPAGANDA. woo me with science Jan 2014 #89
Geniune heroes malaise Jan 2014 #67
Thrilled to K&R this. More heroes! nt riderinthestorm Jan 2014 #69
Thanks... TRUE American Heroes... WillyT Jan 2014 #70
Posted this earlier, but wanted to add here that this story is currently on (free) Hulu Le Taz Hot Jan 2014 #77
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