ACLU Back In Court Over 'National Security Letters'
The American Civil Liberties Union will urge a federal appeals court on Wednesday to uphold a decision striking down the so-called "national security letter" provision of the Patriot Act. The provision gives the FBI the authority to issue letters demanding private information about people within the United States and to place the recipients of the letters under indefinite gag orders. The issue has also been repeatedly scrutinized on Capitol Hill in the 110th Congress.
The ACLU and New York Civil Liberties Union filed a lawsuit in April 2004 on behalf of an Internet Service Provider that received an NSL. Because the FBI imposed a gag order, the suit was filed under seal and the ACLU is banned from disclosing its client’s identity. The ACLU initially challenged both the FBI’s power to demand records without judicial oversight and its power to impose gag orders on NSL recipients.
In September 2004, U.S. District Judge Victor Marrero struck down the statute. The government appealed the ruling but Congress amended the NSL provision before a decision was issued. The ACLU brought a new challenge to the amended version, and in September 2007, Marrero again found the statute unconstitutional. The government appealed that ruling and the parties will now face off before the U.S. Court of Appeals for the Second Circuit in New York City.
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