Friday, June 11, 2004

ACLU challenge to the PATRIOT ACT

Elaine Cassel has the latest information on the ACLU lawsuit that they are prohibited from making public.

The American Civil Liberties Union (ACLU) yesterday released more information about the heavily censored legal challenge it is bringing against the government's use of a controversial provision of the USA PATRIOT Act that allows the FBI to obtain from businesses sensitive personal information about their clients. Among the documents unsealed today is a declaration by the ACLU's anonymous client in the case, the president and sole employee of an unnamed Internet Service Provider (ISP), referred to only as "John Doe." John Doe is prohibited by law from revealing his identity to the public, even as he confronts the federal government over the very section of the Patriot Act that forces him to remain anonymous.

In his statement, Doe explains that his business provides access to the Internet, email accounts and space on the Web where people can post their own sites or store electronic files. He says some of his clients "are individuals and political associations that engage in controversial political speech," and that some "communicate anonymously or pseudonymously," which allows them "to discuss embarrassing, sensitive or controversial subjects without fear of retaliation or reprisal."

Doe and the ACLU are asking the court to deem unconstitutional the government's use of National Security Letters (NSLs), which allow FBI agents to demand, with no judicial oversight, personal information about clients of Internet Service Providers.

...In a memorandum to the court, the ACLU wrote that the statute allowing the broad use of National Security Letters gives the FBI "unchecked authority" to require businesses to reveal "a broad array of sensitive information, including information about the First Amendment activities of ordinary Americans who are not suspected of any wrongdoing."

The memorandum continues: "The statute does not require the FBI to seek judicial authorization before demanding the disclosure of sensitive information, and it does not specify any means by which a person served with an NSL can challenge the NSLs validity before complying with it. In other words, the FBI issues NSLs without judicial oversight of any kind."

ACLU lawyers and their client are also disputing a section of the law that prohibits an entity that receives a National Security Letter request for information from telling anyone about the request. Ironically, this gag order is the same rule that prohibits the ACLU and John Doe from talking about many aspects of their case.


Read the rest here.