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Newspaper sues government to reveal 'secret' Patriot Act interpretation

By | October 12, 2011, 4:19am PDT

Summary: The New York Times is suing the federal government in a bid to reveal how the Patriot Act is interpreted and used by law enforcement.

The New York Times is suing the U.S. government for refusing to divulge how its law enforcement interprets the Patriot Act.

After a series of Freedom of Information requests were declined to reveal the classified interpretation of the Patriot Act — a description that Senators Ron Wyden (D-Oregon) and Mark Udall (D-Colorado) described as “deeply disturbing” — the newspaper sought to battle it out in the courts.

Some months ago, it was found that the Patriot Act was being interpreted by government departments in a way to aid their ongoing investigations, leading to calls that there was a “classified” element to the counter-terrorism law.

The two senators, members of the Senate intelligence committee, have access to the secret interpretation of the law, but are bound by secrecy laws and cannot disclose it publicly. They believe that how law enforcement interprets the Act greatly differs from how the general public believe the federal government interprets the law; leading to the vast majority of the public not knowing how the law is actually used.

The New York Times is specifically looking for the section of the Act which allows the U.S. law enforcement to order the “production of any tangible things” on “reasonable grounds”, relating to international terrorism or counter-intelligence operations.

The argument stems that the interpretation the government uses is classified; whereas the newspaper believes a law should not be hidden from sight, and the government should not refuse to say how it actions its own laws.

The Patriot Act is a controversial post-9/11 counter-terrorism law, where it was recently discovered also has reach across to Europe and further afield. The European Parliament is investigating the charge that the U.S. government can access cloud-stored data in Europe.

The full suit can be found below. [PDF]

Related:

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USA PATRIOT Act, Regulations, Government, Vertical Industries, Zack Whittaker

Zack Whittaker, a criminologist who studied at the University of Kent, Canterbury, is a journalist, writer and broadcaster.

Disclosure

Zack Whittaker

I worked briefly with Microsoft UK in 2006 but no longer have any connection with the company. Regardless, I remain impartial and unbiased in my views.

I don't hold any stock or shares, investments or industrial secrets in any company, but have signed confidentiality agreements with a number of UK and U.S. organisations, whose names I am not at liberty to disclose.

I was involved with Kent Union, the University of Kent's student union, undertaking voluntary, non-salaried, elected positions between early 2009 and mid-2010.

No other company, body, government department, non-governmental organisation or third sector organisation employs me or pays me a salary in any capacity whatsoever.

As a freelance journalist, whenever expenses are given and taken by a company that is not CBS Interactive, these will be disclosed in each relevant post to ensure transparency.

I currently work with a UK law enforcement unit, but this is an entirely separate position which bears no connection to other work.

(Updated: 23rd October 2011)

Biography

Zack Whittaker

Zack Whittaker, criminologist who studied at the University of Kent, UK, is a journalist, writer and broadcaster.

After studying criminology at university, though still in his early-20's, he has already had a series unconventional work and voluntary positions. He has worked with researchers studying neurological illnesses like Tourette's syndrome (which he suffers from), has given lectures on the nature of disabilities in the public community, and occasionally ends up speaking on television and radio discussing the events of the day.

He first had academic work published at the age of 22, then still an undergraduate, and has been cited by a wide range of publications: from CNN, the Huffington Post, AllThingsDigital, The Atlantic Wire and CBS News.

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RE: Newspaper sues government to reveal 'secret' Patriot Act interpretation
philetus 13th Oct
"Ignorance of the Law is no excuse". We have all heard this before.Now we have laws that are illegal to know.
View in thread
0 Votes
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Basicly
Dietrich T. Schmitz * Your Linux Advocate 12th Oct
Writ of Habeus Corpus: non-existent.
0 Votes
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RE: Newspaper sues government to reveal 'secret' Patriot Act interpretation
macewan 12th Oct
@Dietrich T. Schmitz * Your Linux Advocate

Give 'em an inch...
0 Votes
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Secret laws are the final steps to a police state
terry flores Updated - 12th Oct
Like the unlimited detentions and closed tribunals where witnesses and testimony are kept secret, the authorities in the US increasingly operate in a mode that permits no oversight, and with no consequences for wrongdoing. Even the public laws on the books are often ignored when it suits the police or government to do so.

From an IT perspective, it put us in a difficult position. My company has had to respond to several different government actions, including one where agents showed up and physically seized equipment without any prior notice. We've had to add "seizures" to our list of possible scenarios in our disaster recovery plan. And we've had to go through legal training on how to respond to FSL's (hint: do what they tell you to or get arrested).
0 Votes
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Standing
facebook@... 12th Oct
New York Times has no standing to make the claim as they are not an "injured party". this will be dismissed before it is heard.
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RE: Newspaper sues government to reveal 'secret' Patriot Act interpretation
ceverett@... 12th Oct
@facebook@... You don't need to be an injured party to to make an FOIA request.
0 Votes
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RE: Newspaper sues government to reveal 'secret' Patriot Act interpretation
fairportfan 12th Oct
@facebook@...

Look again - they filed FOIA requests which were summarily denied. They do, indeed have standing
0 Votes
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You, I and every US citizen is the "injured party" here.
PepperdotNet 12th Oct
How much longer do we tolerate a secretive nanny state that is bent on controlling everything?

As if I needed yet another reason to support the only honest man running for president, the 13th floor of the hotel.
0 Votes
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Repeal the Patriot Act
Repeal Updated - 12th Oct
https://secure.downsizedc.org/etp/repeal-the-patriot-act/

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." Fourth Amendment to the Constitution

Forty-five days after 9/11, Congress passed the USA PATRIOT Act without reading it. This new law was supposed to protect you from terrorism, but it has really left you unprotected against lawless federal agents. The Patriot Act contains numerous violations of the Fourth Amendment. It gives federal agents vast new powers that have been abused to investigate innocent Americans.

In 2001 and 2006 concerned members of Congress urged expiration dates on some of the Patriot Act's most controversial powers. Regrettably, Congress has constantly renewed these powers, despite a multitude of FBI abuses. Last year, it was done with a voice vote!

The vast powers provided in this bill are explained in detail on this campaign's Background page. They include . . .
Roving wiretaps, where you can be caught in a phone sweep, without specific warrant
The infamous "library provision," where The State can monitor your reading habits, even if you have no connection to terrorism
National Security Letters, a tool used instead of warrants, whereby the FBI can spy on you, and the service providers who share your private info can't tell you about it
Provisions that require banks to report your financial activities to federal agents

This is only a partial list of the many ways the so-called Patriot Act violates your Constitutional rights.

Everyone agrees that terrorists should be caught and stopped. But before 9/11, the federal government already had powerful tools of intelligence-gathering and investigation to prevent terrorism.
The failures of intelligence before 9/11 were NOT addressed by the Patriot Act. Moreover,
Before 9/11 there were also constitutional checks and balances to protect your liberty and privacy. Under the Patriot Act, those checks and balances are gone.
In fact, the Justice Department's Inspector General has reported that between 2003 and 2006, the FBI issued nearly 200,000 NSLs. The Inspector General has also found serious FBI abuses of the NSL power.

In conclusion . . .
The Patriot Act should not have been passed because it violates the Constitution.
The Patriot Act would not have prevented 9-11, and it is NOT needed to combat future terrorist acts.
The Patriot Act has been constantly abused, in spite of the usual worthless political promises that it would not be.
The Patriot Act should be repealed.

Use the form at right to send your elected representatives a letter about this issue. It's easy!
Your position will be counted by each Congressional office,
Will educate the Congressional staffer who reads it,
May be passed up the chain of command,
May receive a reply (many DC Downsizers get them). If you receive such a letter, please share it with us at Comments@DownsizeDC.org.

Our government has become lawless!

There is an Amendment process for changing the Constitution and it is the lawful means for accomplishing same. But some rights come from God and are inalienable or so believed our ancestors.
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RE: Newspaper sues government to reveal 'secret' Patriot Act interpretation
docesam 13th Oct
how it is possible for any law to be unknown ?
0 Votes
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RE: Newspaper sues government to reveal 'secret' Patriot Act interpretation
philetus 13th Oct
"Ignorance of the Law is no excuse". We have all heard this before.Now we have laws that are illegal to know.

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