Part of Patriot Act Ruled Unconstitutional

• Judge Strikes Down Section of Patriot Act Allowing Secret Subpoenas of Internet Data and Phone Records

A federal judge in New York ruled yesterday that a key component of the USA Patriot Act is unconstitutional because it allows the FBI to demand information from Internet service providers without judicial oversight or public review. The ruling is one of several judicial blows to the Bush administration's anti-terrorism policies in recent months. In a sharply worded 120-page ruling, U.S. District Judge Victor Marrero found in favor of the American Civil Liberties Union, which filed a lawsuit on behalf of an unidentified Internet service provider challenging the FBI's use of a type of administrative subpoena known as a national security letter. Such letters do not require court approval and prohibit targeted companies from revealing that the demands were ever made. Judge Marrero ruled that the provision in the Patriot Act allowing such letters "effectively bars or substantially deters any judicial challenge" and violates free-speech rights by imposing permanent silence on targeted companies. Writing that "democracy abhors undue secrecy," Marrero ruled that "an unlimited government warrant to conceal . . . has no place in our open society." [more ] and [more ] and [more ]

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