Judge: Part of Patriot Act breaches free speech



WASHINGTON POST
WASHINGTON -- A federal judge in New York ruled Wednesday that a key component of the USA Patriot Act is unconstitutional because it allows the FBI to demand information from Internet service providers without judicial oversight or public review.
In a sharply worded, 120-page ruling, U.S. District Judge Victor Marrero found in favor of the American Civil Liberties Union, which filed a lawsuit on behalf of an unidentified Internet provider challenging the FBI's use of a type of administrative subpoena known as a national security letter. Such letters do not require court approval and prohibit targeted companies from revealing that the demands were ever made.
Judge Marrero, whose court is in the Southern District of New York, ruled that the provision in the Patriot Act allowing such letters "effectively bars or substantially deters any judicial challenge," and violates free-speech rights by imposing permanent silence on targeted companies.