Patriot Act provision ruled unconstitutional.

A federal judge recently struck down a key surveillance provision of the USA PATRIOT Act, ruling that it broadly violated the U.S. Constitution by giving federal authorities unchecked powers to obtain private information.

The decision by U.S. District Judge Victor Marrero in New York marks the first time that surveillance power granted to federal agents under the 2001 antiterrorism legislation has been ruled unconstitutional.

The civil case pitting personal liberties against national security was brought by the American Civil Liberties Union (ACLU) on behalf of an Internet provider whose name is being kept secret by the court. The provider received what is known as a national security letter--a demand on FBI letterhead to produce customer information, according to USA Today--which, unlike a subpoena, cannot be contested before a judge. Such letters prevent Internet companies from telling customers that the FBI has collected their information such as name, address, credit card data, and details of their Internet use.

The Patriot Act, an antiterrorism measure rushed through Congress after the 9/11 terrorist attacks, expanded the surveillance powers of federal law enforcement. Marrero said the provision's "compulsory, secret, and unreviewable production of information" demanded by the FBI violates the Fourth Amendment's protection against unreasonable searches, and its unlimited ban on disclosure by recipients of the letters infringes on First Amendment free-speech rights.

Ann Beeson, an ACLU lawyer, told The Washington Post that Marrero's ruling applies only to national security letters related to Internet and e-mail service providers. Separate provisions of the Patriot Act also enhanced the government's ability to issue such letters to financial and credit institutions.

Marrero ordered the Justice Department to stop using the letters but postponed his decision for 90 days to allow the government to fix the law or appeal. U.S. Attorney General John Ashcroft said the Justice Department will likely appeal the ruling.

According to The Wall Street Journal, allowing a district court to invalidate a portion of the Patriot Act, especially one that strikes down secrecy, could result in challenges to other provisions of the law. Marrero's ruling comes as some members of Congress are trying to give U.S. agents more power to investigate terrorism, and President Bush is urging Congress to renew 16 Patriot Act provisions set to expire in December 2005.

In January, Judge Audrey B. Collins of Federal District Court in Los Angeles struck down a clause of the act that barred providing material support for terrorist groups, saying it was too broad and vague. In a Michigan case, the ACLU is challenging a section of the act that allows the FBI to obtain a court order to force any organization to turn over tangible evidence. Another legal challenge is pending in a Detroit federal district court. That case takes on Patriot Act provisions that allow secret surveillance of business records and permit FBI agents to get warrants from a federal court to search library or bookstore records as part of counter-terrorism efforts.