Thursday, September 30, 2004


Yahoo! News - Judge Blocks U.S. From Secret Searches
NEW YORK - Declaring that personal security is as important as national security, a judge Wednesday blocked the government from conducting secret, unchallengeable searches of Internet and telephone records as part of its fight against terrorism.

The American Civil Liberties Union called the ruling a "landmark victory" against the Justice Department's post-Sept. 11 law enforcement powers.

The judge said the law violates the Fourth Amendment because it bars or deters any judicial challenge to the government searches, and violates the First Amendment because its permanent ban on disclosure is a prior restraint on speech.

He noted that the Supreme Court recently said that a "state of war is not a blank check for the president when it comes to the rights of the nation's citizens."