Unpatriotic Act

A sliver of good news: a tiny portion of the (Un)Patriot Act was struck down. Ruling available here (PDF). A hearty cheer for the rule of law - why shouldn’t our government have to abide by the Constitution as well?

Dan Eggen writes:

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.

NSLs allow agents in counterterrorism and counterintelligence investigations to secretly gather Americans’ phone, bank and Internet records without a court order or a grand jury subpoena. Although the FBI has had such power for many years, the Patriot Act, enacted in October 2001, significantly expanded its ability to issue the letters.

But Marrero wrote that “in light of the seriousness of the potential intrusion into the individual’s personal affairs and the significant possibility of a chilling effect on speech and association—particularly of expression that is critical of the government or its policies—a compelling need exists to ensure that the use of NSLs is subject to the safeguards of public accountability, checks and balances, and separation of powers that our Constitution prescribes.”

He ruled that only some of the NSL provisions were unconstitutional, but found that it was impossible to separate those provisions from other parts of the law. He therefore struck down the FBI’s ability to issue NSLs altogether.

Take Your Stand


Here’s one reason I’m a so-called card carrying member of the ACLU:

Judge Strikes Down Part of Patriot Act — chicagotribune.com:
A federal judge struck down parts of the revised USA Patriot Act on Thursday, saying investigators must have a court’s approval before they can order Internet providers to turn over records without telling customers.

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.”

The American Civil Liberties Union had challenged the law, complaining that it allowed the FBI to demand records without the kind of court order required for other government searches.

More details here at the ACLU site.

Technorati Tags: ACLU, civil_liberties, civil_rights, FBI, surveillance