Part of Patriot Act Overturned by Judge

Nice work, Judge Victor Marrero. From PC World, the District Court judge from New York's southern district said in a decision yesterday that:

the Patriot Act provision that allows the U.S. Federal Bureau of Investigation to obtain ISP and telecom subscribers' billing, calling and Web surfing records without court approval violates the U.S. Constitution.

Marrero ordered the FBI and the U.S. Department of Justice to stop issuing so-called national security letters, or NSLs, requiring ISPs to turn over subscriber records. The NSL program prohibited ISPs from telling customers that they were being investigated.

Marrero delayed the order pending a DOJ appeal of his decision.

The NSL program under the Patriot Act violates the First Amendment to the U.S. Constitution as a restraint on free speech, the judge said in his 107-page order. The program also bypasses judicial oversight of the requests, Marrero said.

The NSL program could allow the FBI to unmask the identity of Internet users posting anonymous comments, obtain all of the e-mail messages of an Internet user, and even find out all the Web sites a user has visited, Marrero said.

"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 NSLs is subject to the safeguards of public accountability," the judge wrote.

The DOJ is reviewing the decision and considering its options, a spokesman said.