The Orbis

Art by Jordan Lo Regio/Orbis [Click to enlarge]

In a momentous victory for the ACLU on Sept. 30, the Federal District Court of Manhattan overturned part of the USA Patriot Act. Judge Victor Marrero ruled that a portion of the Patriot Act violated both free speech and the protection against unreasonable search and seizure. A national security letter created under the act allowed federal authorities to search the Internet records of anyone suspected of terrorism, since the Act functioned as a blanket subpoena. The Internet companies required to produce the records were not allowed to tell their customers that they had released their information to the government.

In addition, the subpoenas were often issued without a court review and compelled the Internet companies to release customers' credit card data, addresses and details about their Internet use, including the Web sites they accessed most frequently. In the 14 months after the Patriot Act was passed, the government requested information on enough people to fill six pages.

In his ruling, Judge Marrero declared that issuing subpoenas without court review violated the Fourth Amendment. Marrero's decision came only eight months after a judge in the Federal District Court in Los Angeles ruled that a section of the Patriot Act barring the provision of material support for terrorist groups was too vague and broad. Currently, the ACLU has another case pending against a section of the Patriot Act that gives the government power to get any tangible evidence from organizations without proving to the courts that the organizations or people affiliated with these organizations are terrorists.

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