Saying that "democracy abhors undue secrecy," a federal court today struck down an entire Patriot Act provision that gives the government unchecked authority to issue "National Security Letters" to obtain sensitive customer records from Internet Service Providers and other businesses without judicial oversight. The court also found a broad gag provision in the law to be an "unconstitutional prior restraint" on free speech.
ACLU articleAnd it was a hard won case.
Since filing the case, the ACLU has labored under a broad gag order under which the government sought at every turn to censor even the most innocuous, non-sensitive information about the case. (The ACLU created a special web page to display the types of information it was forced to ask the court to disclose publicly, online at www.aclu.org/gagorder)
My homage to courts who uphold our civil liberties is here.
"This is a landmark victory against the Ashcroft Justice Department̢۪s misguided attempt to intrude into the lives of innocent Americans in the name of national security," said ACLU Executive Director Anthony D. Romero. "Even now, some in Congress are trying to pass additional intrusive law enforcement powers. This decision should put a halt to those efforts."
I doubt it, but it's a step in the right direction. And make your celebration quick, because they're not going to give up.
U.S. Attorney General John Ashcroft said on Thursday the Bush administration was likely to appeal against a U.S. District Court ruling that part of the Patriot Act was unconstitutional.
Reuters article
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