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Part of USA Patriot Act ruled unconstitutional

Publish date: 06 October 2004
Issue Number: 1189
Diary: Legalbrief Today
Category: Corruption

The American Civil Liberties Union has won a battle in its ongoing fight against the USA Patriot Act.

The Washington Times reports US District Judge Victor Marrero sided with the union in its challenge of Section 505 of the Act and said the clause, which allows the FBI to demand a company\'s confidential records without court approval, was unconstitutional. The section made it legal for the FBI to obtain customer records from communication firms, specifically Internet service providers or telephone companies, by issuing a National Security Letter (NSL) to a given firm. That firm was then barred from ever disclosing it had received such a letter. Judge Marrero, of the Southern District of New York, said the FBI\'s use of NSLs without judicial review ‘violates the Fourth Amendment’, and that the ‘non-disclosure provision’ of the law ‘violates the First Amendment’. Full report in The Washington Times

Attorney-General John Ashcroft has responded, saying the government would appeal the ruling. The Washington Times reports Ashcroft said the power to issue National Security Letters was ‘completely consistent with the US Constitution’. The American Civil Liberties Union and the news media have also come under fire – from Senator John Cornyn, Texas Republican, who accused them of misrepresenting the ruling as a blow to the Patriot Act. Full report in The Washington Times

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