ACLU Challenges Patriot Act

NEW YORK –The American Civil Liberties Union went public Wednesday with grievances over the constitutionality of the U.S. Patriot Act and a sealed case in federal court involving the government's “National Security Letter” power, which authorizes the FBI to obtain sensitive customer records from businesses without following typical procedures with respect to federal laws.

In detail, the National Security Letter enables the FBI to demand the names, screen names, addresses, email header information, and other sensitive information held by Internet Service Providers and other businesses, the disclosure of which violates a tradition of anonymous speech that goes back to the Federalist Papers, the ACLU claims.

“The National Security Letter provision allows the FBI to demand the sensitive records of innocent people in complete secrecy, without ever appearing before a federal judge,” said Jameel Jaffer, an ACLU staff attorney.

The National Security Letter is a "gag" provision of the Patriot Act, which has not been disclosed to the public at large or to other non-governmental agencies and businesses.

According to the ACLU, the National Security Letter provision violates the First and Fourth Amendments because it gives the feds carte blanche to circumvent judicial approval or even demonstrate a reason to acquire the information in the first place.

Prior to the enactment of the Patriot Act in 2001 after the Sept. 11 attacks, the FBI and other agencies could only us "invasive" authority in cases that involved confirmed suspected terrorists and spies. But with enforcement from the National Security Letter, the FBI can obtain information about anyone with no reason or recourse, says the ACLU.

The ACLU filed legal papers in the Southern District of New York on April 6, but was forced to file under seal to avoid being penalized for violating the gag provision of the Act.

Nearly a month later, parts of the case can be disclosed to the public, whereas some aspects of the lawsuit are still being sealed, further leading the ACLU to think that the Letter violates the constitution.

Defendants in the lawsuit include Attorney General John Ashcroft and FBI Director Robert Mueller. The case is assigned to Judge Victor Marrero.

“It is remarkable that a gag provision in the Patriot Act kept the public in the dark about the mere fact that a constitutional challenge had been filed in court,” said Ann Beeson, ACLU Associate Legal Director. “President Bush can talk about extending the life of the Patriot Act, but the ACLU is still gagged from discussing details of our challenge to it.”

The ACLU is scheduled to file a summary judgment motion on May 17, 2004. The government will respond on June 7, 2004, and according to the ACLU, all briefing will be completed in July 2004.

The court is expected to schedule arguments in the case in late summer 2004.

The ACLU has consistently challenged many aspects of the Patriot Act since its inception. Many other efforts are afoot nationwide to overturn the Act, which is slated to expire on Dec. 31, 2005.

Just over a dozen key provisions of the Patriot Act are set to expire, however, many portions have no expiration date and will continue to enforce government-related investigations indefinitely.

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Open Mind AI Seeks Inclusion in EU's AI Debate

New European industry initiative Open Mind AI has penned a letter asking EU authorities to include adult companies and creators in ongoing discussions on setting up a legal framework for AI content.

Canadian Law Professor: Proposed Age Verification Bill 'Will Make Things Worse'

Leading Canadian newspaper The Globe and Mail this week published an op-ed written by a legal scholar outlining fundamental issues with the Conservative-backed age verification bill currently making its way through Parliament.

UK Labour Government Confirms it Will Continue Baroness-Led 'Porn Review'

The U.K. Labour government of Prime Minister Keir Starmer has confirmed it will continue the controversial full review of British pornography laws ordered by former Tory Prime Minister Rishi Sunak in July 2023.

AEBN Publishes Popular Searches for July and August

AEBN has released the top search terms for the months of July and August from its straight and gay theaters in all 50 states and the District of Columbia.

SWR Data Survey Probes Concerns About Political Attacks on Industry

SWR Data, an adult-sector market research firm led by industry veterans Mike Stabile and MelRose Michaels, has released data from its upcoming 2024 State of the Creator report, illustrating creators’ concerns about political attacks on the industry.

FSC Urges SCOTUS to Strike Down 'Unconstitutional' Texas Age Verification Law

The Free Speech Coalition (FSC) urged the U.S. Supreme Court through a brief filed Monday to strike down Texas’ age verification law as unconstitutional.

Japanese Manga Industry Hit by Credit Card Companies' Anti-Porn Restrictions

Japanese manga retailers are reporting pressure from multinational credit card companies — many based in the U.S. and targeted by anti-porn religious conservatives — to censor their content if they wish to maintain their current payment processing arrangements.

Netherlands Government Continues Porn Probe Following Abuse Allegations

The Dutch government plans to continue investigating the local porn industry in the Netherlands, following a series of abuse allegations involving photographer and self-styled “model scout” Daniël van der W.

Clips4Sale Releases '20 Years of Fetish' Data Survey

Clips4Sale (C4S) has released a report based on 20 years of data and analysis to show how kink and fetish tastes have changed since the site began.

Grooby, Yanks Ink Website Management Deal

Grooby will begin managing Yanks.com under a new company, Blue.xxx.

Show More