Judge Voids Provision of Patriot Act
WASHINGTON — A federal judge today declared unconstitutional a tool the FBI uses to get Internet and other records in terror investigations, saying the provision, which was enhanced by the USA Patriot Act, operated in secrecy and lacked adequate judicial oversight.
The ruling affects the issuance of national security letters, a form of administrative subpoena that has been increasingly used by law enforcement to obtain business and other records since the Sept. 11 attacks.
U.S. District Judge Victor Marrero in New York stayed his ruling for 90 days to allow the Justice Department to appeal.
Marrero’s 120-page ruling came in a lawsuit filed by the American Civil Liberties Union on behalf of an unidentified Internet service provider that received a request for records.
Marrero ruled that the law was flawed because it did not provide the recipients of the letters any opportunity to challenge them in court. He also ruled that a part of the law that prohibited recipients from ever disclosing the existence of the letters violated the 1st Amendment.
Anthony Romero, the ACLU’s executive director, said the decision was “a stunning victory against the John Ashcroft Justice Department.â€
The ruling comes as Congress is deliberating on whether to add new surveillance powers to the government as part of intelligence-reform legislation.
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