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Judge Rules USA PATRIOT Act Breaks Separation of Powers Requirements

There was some very interesting news in the Kansas City Star today; "Judge strikes down part of Patriot Act"

The USA PATRIOT Act modified at least 34 different laws to allow various types of warrentless surveillance activities.

I wrote about the first version of the USA PATRIOT Act in a paper, "USA Patriot Act" I have posted on my web site.

Within it I list the 34 laws impacted, along with providing analysis of the impact of the law. I need to write an update to correspond with the updated law. However, much is still applicable.

From the news report today:

"U.S. District Judge Victor Marrero said the government orders must be subject to meaningful judicial review and that the recently rewritten Patriot Act "offends the fundamental constitutional principles of checks and balances and separation of powers.""

Will there be a third version of the USA PATRIOT Act coming out if there is enough activity and court rulings such as this?

Probably not until a new administration moves into the White House. It will likely make for some interesting presidential campaigning, though! The topic of surveillance has been discussed already by most of the candidates; see a nice summary at the pogowasright.org site.

The candidates, who are now virtually residents here in Iowa, have already talked about surveillance several times while stumping. It will be interesting to see what they have to say about today's ruling.

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Rebecca Herold's Bio:

Rebecca Herold,CISSP, CIPP, CISM, CISA, FLMI, has been providing information security, privacy and regulatory assistance and services to organizations from a wide range of industries for over 18 years. Rebecca was instrumental in building the information security and privacy program while at Principal Financial Group, which was awarded the CSI Information Security Program of the Year Award in 1998. IT Security ranked Rebecca as one of the top 59 IT security influencers, and Computerworld put Rebecca their list of the 25 top privacy experts and on their list of the 9 best privacy consulting firms. Rebecca has been CPO for two consulting organizations, and has had her own information privacy, security and compliance business since 2004. Rebecca has written chapters for several books, dozens of articles, and has been writing a monthly privacy column for the CSI Alert newsletter since the beginning of 2001, and is working on her 11th book. Some of her other books include The Privacy Papers, Managing an Information Security and Privacy Awareness and Training Program, The Definitive Guide to Security Inside the Perimeter (Realtime Publishers), The Shortcut Guide to Improving IT Service Support through ITIL (Realtime Publishers), and The Practical Guide to HIPAA Privacy and Security Compliance. In addition, Rebecca is the leader of The Realtime IT Compliance Community where she posts to her IT Compliance weblog. You can contact Rebecca at: rebecca_herold@realtimepublishers.net.