I won't claim to know the ins and outs of US law, but it's difficult to quash a subpoena that you don't know about. Assuming that the journalists in question can't tell their own lawyers, they probably can't tell anyone else's lawyers either.
And as far as the FBI using other laws if they didn't use the patriot act, well hey, we can worry about those laws when they come up. It's pretty obvious that there are some flaws in the use of the Patriot act though.
It'd be cool to read more techie stuff, but techies need to realise that everything is political these days. Hiding won't make it go away. ;)



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