FBI snooping provision ruled unconstitutional

By Bernard Vaughan

NEW YORK (Reuters) - A federal judge has ruled unconstitutional national security provisions that permit federal investigators to access customer information from some companies without court approval.

The provisions "suffer from significant constitutional infirmities," and violate the First Amendment and separation of powers, Judge Susan Illston of the District Court for the Northern District of California wrote in an order on Thursday.

The judge's decision stems from a "National Security Letter" that the Federal Bureau of Investigation issued to an unnamed telecommunications company, according to the Electronic Frontier Foundation.

The National Security Letter provision of the Patriot Act expanded the FBI's authority to demand personal customer records from Internet service providers, financial institutions and credit companies without prior court approval, according to the American Civil Liberties Union.

The letter to the telecommunications company sought "subscriber information" from the company, and warned that the letter's disclosure could result "in a danger to the United States," among other ramifications, according to the decision.

In the lawsuit, the company challenged the constitutionality of the laws, while the government opposed it and filed its own lawsuit, according to the decision.

"The government has a strong argument that allowing the government to prohibit recipients of NSL's from disclosing the specific information sought in NSL's to either the targets or the public is generally necessary to serve national security in ongoing investigations," Illston wrote. "However, the government has not shown that it is generally necessary to prohibit recipients from disclosing the mere fact of their receipt of NSLs."

(Reporting By Bernard Vaughan)

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Adopted Russian boy's death ruled accidental in Texas

AUSTIN, Texas (Reuters) - Texas authorities ruled the death of a Russian boy adopted by a U.S. couple an accident on Friday, but said a probe would continue into a case that has intensified a dispute over international adoptions.

The January 21 death of Max Shatto, 3, had sparked criminal and child welfare investigations in Texas, probes by authorities in Russia, and calls from Russian lawmakers for his 2-year-old brother to be returned to Russia.

Max died from a torn artery in his abdomen and had bruises consistent with injuring himself, Ector County officials said in a statement.

Laura and Alan Shatto had adopted Max and his brother from Russia. They live in Gardendale, a small community of about 1,600 people about 20 miles northwest of Midland, Texas, the childhood home of former U.S. President George W. Bush.

Laura Shatto told investigators she was with Max and his brother as they played together in the family's backyard. She left them momentarily to duck inside and found Max unresponsive on the ground when she returned. Max died at an area hospital.

Three pathologists and an outside medical examiner reviewed the autopsy results and agreed the death was accidental, the statement said.

Doctors determined that bruising found on the child was consistent with self-injury, the statement said.

"Shatto had previously been seen for a behavioral disorder that manifested itself in self-injury and these bruises were consistent with that diagnosis," the statement said.

There were no medicines or substances found that could have contributed to Max's death, the statement said.

The local sheriff and other officials are continuing their investigation.

No charges have been filed, but Ector County District Attorney Bobby Bland did not rule out that there could be.

"We will look at the circumstances surrounding the child's death and everything that goes along with that and make a determination of whether there was a violation of the law," Bland said.

"It is a terrible tragedy when a child of 3 years old dies," Bland said. "However, based on the medical information that we have, I had four doctors look at it and they told me it was accidental.

"Obviously, this is a major piece of evidence that influences how we proceed and what possible charges could be filed."

Texas child welfare authorities also are investigating allegations of child abuse and neglect. The priority is to ensure the safety of Max's brother, who remained in the home.

The Texas Department of Family and Protective Services on Friday cleared the adoption agency that facilitated Max's adoption, finding no violations after an unannounced inspection.

Russian officials have opened their own inquiry, saying they are concerned Max may have been badly beaten and that the Shatto case is the latest example of inhumane treatment of Russian children adopted by Americans.

Moscow has seized on Max's death to justify a ban imposed on Americans adopting Russians on January 1, which was itself a response to U.S. legislation that denies visas and freezes assets of Russians accused of human rights abuses.

Russian lawmakers on February 22 appealed to the U.S. Congress to help return Max's brother to Russia.

American families in recent years have adopted more children from Russia than from any other country, with more than 60,000 Russian child adoption cases documented in the United States since the 1991 collapse of the Soviet Union.

(Reporting by David Bailey and Corrie MacLaggan; Editing by Cynthia Johnston, Eric Walsh and Lisa Shumaker)

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