Judge Blocks Warrantless Collection of Email and phone data by FBI through "national security letters"

The Republican controlled Congress codified the tactic into law in 2005.

The ruling by U.S. District Judge Victor Marrero in New York said the FBI's use of secret "national security letters" to demand such data violates the First Amendment and constitutional provisions on the separation of powers, because the FBI can impose indefinite gag orders on the companies and the courts have little opportunity to review the letters.

 Separation of powers.  That old thing?  9th Circuit Judges Kleinfeld and Callahan in California say that old fogey concept just isn't valid in the 21st century -- At least where national security is concerned.  (See .Common Sense: Whales Out! Navy Sonar In!)   I guess some judges still believe in it. 

(I wonder if denying separation of powers is grounds for impeachment?  It is a basic tenet of our system of government.)

Judge Victor Marrero clearly believes in them though.  

Excerpt Washington Post report "Judge Invalidates Patriot Act Provisions" (link to rest of report is top one above under "21st century"):

The secrecy provisions are "the legislative equivalent of breaking and entering, with an ominous free pass to the hijacking of constitutional values," Marrero wrote. His strongly worded 103-page opinion amounted to a rebuke of both the administration and Congress, which had revised the act in 2005 to take into account an earlier ruling by the judge on the same topic.

Although a government appeal is likely, the decision could eliminate or sharply curtail the FBI's issuance of tens of thousands of national security letters (NSLs) each year to telephone companies, Internet providers and other communications firms. The FBI says it typically orders that such letters be kept confidential to make sure that suspects do not learn they are being investigated, as well as to protect "sources and methods" used in terrorism and counterintelligence probes.

The ruling follows reports this year by Justice Department and FBI auditors that the FBI potentially violated privacy laws or bureau rules more than a thousand times while issuing NSLs in recent years -- violations that did not come to light quickly, partly because of the Patriot Act's secrecy rules.

"The risk of investing the FBI with unchecked discretion to restrict such speech is that government agents, based on their own self-certification, may limit speech that does not pose a significant threat to national security or other compelling government interest," Marrero said.

tags: republicans  national security letters  us district court  

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