The Canadian Privacy Law Blog: Developments in privacy law and writings of a Canadian privacy lawyer, containing information related to the Personal Information Protection and Electronic Documents Act (aka PIPEDA) and other Canadian and international laws.

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The author of this blog, David T.S. Fraser, is a Canadian privacy lawyer who practices with the firm of McInnes Cooper. He is the author of the Physicians' Privacy Manual. He has a national and international practice advising corporations and individuals on matters related to Canadian privacy laws.

For full contact information and a brief bio, please see David's profile.

Please note that I am only able to provide legal advice to clients. I am not able to provide free legal advice. Any unsolicited information sent to David Fraser cannot be considered to be solicitor-client privileged.

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The views expressed herein are solely the author's and should not be attributed to his employer or clients. Any postings on legal issues are provided as a public service, and do not constitute solicitation or provision of legal advice. The author makes no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained herein or linked to. Nothing herein should be used as a substitute for the advice of competent counsel.

This web site is presented for informational purposes only. These materials do not constitute legal advice and do not create a solicitor-client relationship between you and David T.S. Fraser. If you are seeking specific advice related to Canadian privacy law or PIPEDA, contact the author, David T.S. Fraser.

Thursday, September 06, 2007

National Security Letters unconstitutional

US District Court Judge Victor Marrero (U. S. District Court, Southern District of New York) has struck down portions of the USA Patriot Act as unconstitutional. Specifically, the provisions related to National Security Letters and the prohibition of disclosing their existence has been found to violate the First Amendment and the separation of powers under the US Constitution. From the Washington Post:

Judge Rules Provisions of Patriot Act Unconstitutional - washingtonpost.com
A federal judge today struck down portions of the USA Patriot Act as unconstitutional, ordering the FBI to stop issuing "national security letters" that secretly demand customer information from Internet service providers and other businesses.
U.S. District Judge Victor Marrero in New York ruled that the landmark anti-terrorism law violates the First Amendment and the Constitution's separation of powers provisions because it effectively prohibits recipients of the FBI letters (NSLs) from revealing their existence and does not provide adequate judicial oversight of the process.
Marrero wrote in his 106-page ruling that Patriot Act provisions related to NSLs are "the legislative equivalent of breaking and entering, with an ominous free pass to the hijacking of constitutional values."
The decision has the potential to eliminate one of the FBI's most widely used investigative tactics. It comes amid widespread concern on Capitol Hill over reported abuses in the way the FBI has used its NSL powers....

Thanks to fellow privacy lawyer Cappone D'Angelo at McCarthy's for passing along the news, hot off the presses.

Labels: law enforcement, national security, patriot act, privacy, surveillance