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Patriot Act Hearings Today

Law Prof Orrin Kerr of the Volokh Conspiracy testified before Congress today on reforms to the Patriot Act. His topic was the Internet surveillance portion of the statute. He recommends an exlusionary rule as a remedy.

Somewhat remarkably, Internet surveillance law does not include a suppression remedy for violations. The Fourth Amendment is traditionally enforced with a suppression remedy; if the police violate the Fourth Amendment, they can't use the evidence illegally obtained. Not so in the case of the Patriot Act and the Internet privacy statutes. When Congress passed its first Internet privacy law in 1986, they struck a deal with the Justice Department: the Justice Department would go along with the legislation so long as there was no statutory suppresion remedy for violations. That compromise remains on the books today. As a result, Congress's statute provides strong civil remedies but no right to suppression of evidence unlawfully obtained.

Orrin has proposed a remedy to Congress:

I think the answer is to add a statutory suppression remedy for violations of the statutory Internet surveillance laws. I explain the details in [this] article .... Will it happen? Maybe not this year. But some day, I think it will.

In other Volokh news, Prof. David Bernstein is going on blogging hiatus for the summer. Does this sound familiar to anyone?

I like blogging a lot. Probably too much. So, even when I have a lot of work to get done, I find myself blogging, then responding to emails and other bloggers, then blogging followups, etc. It seems the only way to restrain myself is to swear off blogging.

One more Volokh item, because I agree with it so much: Randy Barnett hates Microsoft Word.

...have I ever mentioned how much I detest Microsoft Word? Word reformats paragraphs and everything else as it wishes and it is sometimes next to impossible to trick it into keeping it to the format you prefer. I assume that someone somewhere knows how to make all this work, but I have been word processing since I paid $4500 for an NBI standalone word processor in 1981, and word processing programs are simply not supposed to be that hard to figure out and control.

In contrast, WordPerfect is an amazingly elegant and transparent way to write.

I would go back to pen and paper if I couldn't have WordPerfect. My first wordprocessor was a CTS, that like Randy, I got around 1981. It cost more than Randy's but I bought it on an installment contract. I went to school for a week, 6 hours a day, to learn Wordperfect on it. The result is I type as fast as I think. There's one secretary at our law office who refuses to use anything but the DOS version of WP 5.1. I'm not that bad, I'm up to WP 12, now. But I'll never switch.

Like Randy, I don't want tips on how to better use Word. And I'm not going back to school to learn a new typing program.

Do not bother to write with ways to learn how to make Word work properly. I know from experience that a word-processing program should not require any more time than I already have invested over the years to do simple document creation and formatting.

And if WordPerfect goes under? That's why I have saved the disks from versions 8 and above.

Unlike Randy, I'm no Adobe PDF fan. It's so slow and scrolling through a document is incredibly cumbersome. I'm sure it's going to lead to early arthritis of my index finger.

If I were a dictator, I'd make the whole world use WordPerfect. Right after I repealed the Patriot Act.

Update: Instapundit says, "I'LL GIVE UP WORDPERFECT when they pry it from my cold, dead hard drive."

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    Re: Patriot Act Hearings Today (none / 0) (#1)
    by The Heretik on Sat Dec 17, 2005 at 12:58:46 PM EST
    Wasn't the Patriot Act passed with no debate, in matter of days? When the times are again hot with fevered rhetoric, who will have the courage to speak to the cold facts of what these laws involve? When hysteria rules, we all lose.

    Re: Patriot Act Hearings Today (none / 0) (#2)
    by Talkleft Visitor on Sat Dec 17, 2005 at 12:58:47 PM EST
    If I recall correctly, the PATRIOT Act passed 99-1 in the Senate, with Russ Feingold being the only "nay." I just don't have the words.

    Re: Patriot Act Hearings Today (none / 0) (#3)
    by kdog on Sat Dec 17, 2005 at 12:58:47 PM EST
    To paraphrase JayZ....I got 99 problems but AQ ain't one!

    Re: Patriot Act Hearings Today (none / 0) (#4)
    by DawesFred60 on Sat Dec 17, 2005 at 12:58:48 PM EST
    No,No this meeting is about how many and where the camps will be, next year it's about the ovens and how many people can the camp kill each year. H.H., Bush. one world one idea, for you! inside the camp.