National Security Letters Unconstitutional.

[SirNitram]

Link

WASHINGTON - A federal district judge yesterday struck down a key section of the USA Patriot Act that allows the FBI to secretly seize personal records about customers from Internet service providers, phone companies, banks, libraries, and other businesses without a judge's permission.

The Patriot Act provision allowed investigators, at their own discretion, to issue a type of administrative subpoena known as a "National Security Letter" to businesses as part of an inquiry into suspected spies or terrorists. The company would then have to turn over the requested records, and its employees would be banned from telling anyone about the subpoena.

Because US District Court Judge Victor Marrero gave the government 90 days to appeal his order, the FBI does not have to stop issuing National Security Letters immediately. Justice Department spokesman Dean Boyd said the Bush administration is considering whether to appeal.

"We are reviewing the decision and considering our options at this time," Boyd said.

In his 103-page ruling, Marrero said the Patriot Act provision on National Security Letters violates both "the First Amendment and the principle of separation of powers" because it gags recipients of the subpoenas and doesn't provide adequate court oversight.

"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 National Security Letters is subject to the safeguards of public accountability, checks and balances, and separation of powers that our Constitution prescribes," wrote Marrero, an appointee of President Clinton.

Melissa Goodman, an American Civil Liberties Union attorney, praised the ruling for upholding checks and balances on the government's police powers. The ACLU sued the government on behalf of an unnamed recipient of a National Security Letter who decided to challenge it rather than to comply with it. The Washington Post has reported that the recipient was a library in Connecticut.

"As the court recognized, there must be real, meaningful judicial checks on the exercise of executive power," Goodman said. "Without oversight, there is nothing to stop the government from engaging in broad fishing expeditions, or targeting people for the wrong reasons, and then gagging Americans from ever speaking out against potential abuses of this intrusive surveillance power."

The government has used National Security Letters since a 1986 law created them, but they were rare. The Patriot Act, which Congress passed weeks after the terrorist attacks of Sept. 11, 2001, made it much easier for the government to issue such subpoenas.

Since then, National Security Letters have become one of the FBI's most widely used investigative tools. In 2005, the FBI issued more than 19,000 letters seeking roughly 47,000 pieces of information.

As the government's use of National Security Letters has undergone exponential growth, the device has also generated controversy. Last March, the Justice Department's inspector general reported widespread problems with the FBI's use of the letters - including several instances in which FBI agents obtained information illegally.

Analyzing a sample of 293 National Security Letters issued by the bureau between 2003 and 2005, the inspector general found 22 possible breaches of regulations. The mistakes included using the letters to obtain information beyond what the law authorized, but the report was vague.

The inspector general's report prompted an uproar in Congress because 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.

Gonzales announced last month he would resign amid questions from Democratic and Republican lawmakers over his personal credibility about the use of the Patriot Act, the firings of US attorneys, and President Bush's warrantless wiretapping program. He is due to leave on Sept. 17.

In addition, the FBI has announced new regulations to ensure agents use the National Security Letters properly. But the district court ruling, if it stands, would make the controls irrelevant because the Justice Department would instead have to get permission from a judge or a grand jury if it wanted to obtain such records for an investigation.

We will now be regaled about how this is a horrible ruling, worst in history, etc, etc, all because it removes extra-constitional powers from dipshits who've proven they don't accomplish much with them.

[The Yosemite Bear]

what was that from machevelli about power and curruption?

[Shinova]

Are you talking about the Power corrupts, absolute power corrupts absolutely one?

[The Yosemite Bear]

yes, I knew the full quote anyways.