More on the Patriot Act ruling by Judge Marrero.
Yes, there is a stay, according to Information Today (thank you mdoneil for pointing this out). The article elaborates: “The court could not identify a solution to these concerns within the PATRIOT Act and enjoined the entire NSL provisions from being enforced. However, recognizing the “implications of the ruling and the importance of the issues involved,” the court agreed to stay its ruling pending appeal.
There has not been an appeal as yet. As the ruling was handed down in New York State, the appeal will be heard by the U.S. Court of Appeals, Second Circuit. From last week’s article: “Judge Marrero delayed enforcing the decision pending an appeal by the government. Rebekah Carmichael, a spokeswoman for the United States attorney’s office in Manhattan, said the government has not decided whether it will file one.”
The court also offered some suggestions as to how the Act may be modified to pass constitutional muster. These include allowing a temporary NSL nondisclosure order, provided that the FBI either notify the NSL recipient when they can disclose information about the NSL or justify to a court the continuing need for secrecy. The NSL recipient must also be allowed to petition a court to allow disclosure or challenge the NSL.
It would be up to Congress to implement these suggestions, or an appellate court to overrule Judge Marrero’s opinion. While the status quo remains pending on one or the other of these actions, at least for now, the PATRIOT Act’s NSL provisions are in jeopardy.
ps – if you haven’t voted in the poll as yet, please do so…
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