
Patriot Act E-Mail Searches Apply to Non-Terrorists, Judges Say Josh Gerstein - The New York Sun \|\| March 03, 2006 Two federal judges in Florida have upheld the authority of individual courts to use the Patriot Act to order searches anywhere in the country for e-mails and computer data in all types of criminal investigations, overruling a magistrate who found that Congress limited such expanded jurisdiction to cases involving terrorism. The disagreement among the jurists about the scope of their powers simmered for more than two years before coming to light in an opinion unsealed earlier this month. The resolution, which underscored the government's broad legal authority to intercept electronic communications, comes as debate is raging over President Bush's warrantless surveillance program and the duties of Internet providers to protect personal data. A magistrate judge in Orlando, James Glazebrook, first questioned the so-called nationwide-search provision in 2003, after investigators in a child pornography probe asked him to issue a search warrant requiring a "legitimate" California-based Web site to identify all users who accessed certain "password-protected" photos posted on the site. The Web provider was not named in public court records. Magistrate Glazebrook said that in passing the Patriot Act, formally known as the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act, Congress made clear its focus was on terrorism. He said there was nothing in the language Congress adopted in the days after the September 11, 2001, terrorist attacks that suggested the nationwide-search provision should apply to garden variety federal cases. Article Posted at www.KnowledgeDrivenRevolution.com "The statutory language is clear and unambiguous in limiting district court authority to issue out-of-district warrants to investigations of terrorism, and that language controls this court's interpretation. The government has shown no legislative intent to the contrary," the magistrate wrote. He also noted that many of the examples given during legislative debate involved terrorism. The then chairman of the Senate Judiciary Committee, Senator Leahy, a Democrat of Vermont, described the nationwide-search language as applying in terrorism cases, the court noted. Magistrate Glazebrook denied the search warrant, but it was recently disclosed that the government appealed to a federal judge, G. Kendall Sharp, who granted it without explanation. About KDR \| \| Home \| \| Weekly Features Archive	Weekly Weekly Features Archive
In Depth Recent 9-11 News Suppressed by the Media The Number 1 Reason YOU became a Slave Knowledge Driven Look at Your Favourite Canadian Political Parties
Archive December January February 2006 29 30 31 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 01 02 03 04 Weekly Features

Patriot Act E-Mail Searches Apply to Non-Terrorists, Judges Say

Josh Gerstein - The New York Sun || March 03, 2006

Two federal judges in Florida have upheld the authority of individual courts to use the Patriot Act to order searches anywhere in the country for e-mails and computer data in all types of criminal investigations, overruling a magistrate who found that Congress limited such expanded jurisdiction to cases involving terrorism.

The disagreement among the jurists about the scope of their powers simmered for more than two years before coming to light in an opinion unsealed earlier this month. The resolution, which underscored the government's broad legal authority to intercept electronic communications, comes as debate is raging over President Bush's warrantless surveillance program and the duties of Internet providers to protect personal data.

A magistrate judge in Orlando, James Glazebrook, first questioned the so-called nationwide-search provision in 2003, after investigators in a child pornography probe asked him to issue a search warrant requiring a "legitimate" California-based Web site to identify all users who accessed certain "password-protected" photos posted on the site. The Web provider was not named in public court records.

Magistrate Glazebrook said that in passing the Patriot Act, formally known as the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act, Congress made clear its focus was on terrorism. He said there was nothing in the language Congress adopted in the days after the September 11, 2001, terrorist attacks that suggested the nationwide-search provision should apply to garden variety federal cases.

Article Posted at www.KnowledgeDrivenRevolution.com

"The statutory language is clear and unambiguous in limiting district court authority to issue out-of-district warrants to investigations of terrorism, and that language controls this court's interpretation. The government has shown no legislative intent to the contrary," the magistrate wrote. He also noted that many of the examples given during legislative debate involved terrorism. The then chairman of the Senate Judiciary Committee, Senator Leahy, a Democrat of Vermont, described the nationwide-search language as applying in terrorism cases, the court noted.

Magistrate Glazebrook denied the search warrant, but it was recently disclosed that the government appealed to a federal judge, G. Kendall Sharp, who granted it without explanation.

About KDR | | Home | | Weekly Features Archive

Weekly

Weekly Features Archive

In Depth

Recent 9-11 News Suppressed by the Media

The Number 1 Reason YOU became a Slave

Knowledge Driven Look at Your Favourite Canadian Political Parties