Federal Judge Strikes Down Key Section of Patriot Act

You know, the idea that the FBI could send a company or an individual a letter, ask them for records and then tell them that they couldn't tell anyone about it, never seemed quite kosher. Apparently, U.S. District Judge Victor Marrero feels the same way.

On Thursday, Marrero ruled that the section of the Patriot Act that requires people contacted by the FBI for information not to tell anyone about that contact, or what information was given, is unconstitutional. Marrero agreed with the American Civil Liberties Union that so-called national security letters, which the FBI uses without getting permission from a judge, are effectively gag orders that violate First Amendment rights of free speech.

The letters were actually created in 1986 but were rarely used. The Patriot Act made it much easier for the FBI to use them without court order. Charlie Savage of The Boston Globe reports that in 2005, 19,000 of the letters were sent, seeking 47,000 pieces of information. When the U.S. inspector general analyzed a batch of 293 national security letters issued between 2003 and 2005, he found 22 possible breaches of regulations. This was after Attorney General Alberto Gonzales "had testified that there had not been a reported instance of Patriot Act powers being abused. Later, it turned out Gonzales had been aware of the problems with the National Security Letters."

Marrero, who had struck down parts of the Patriot Act once before, gave the government 90 days to appeal his order, which it is likely to do. If the ruling is upheld, it will mean the letters cannot be used without significant oversight.

9:52 AM ET | 09- 7-2007 | permalink