The American Civil Liberties Union (ACLU) filed suit against the Department of Justice, challenging Section 505 of the Patriot Act, which gives the government unchecked authority to issue "National Security Letters" to obtain consumer records from Internet providers, booksellers, libraries, and other businesses without judicial oversight. The provision also prevents anyone that receives such a letter from disclosing the request -- essentially a gag order. The ACLU was forced to file the suit itself under seal, so it did not violate this gag order.
Marrero ruled that the gag order of Section 505 violates the right to freedom of speech under the First Amendment, and that the unchecked collection of records violates the right to be free from unreasonable searches under the Fourth Amendment. ACLU's Executive Director, Anthony D. Romero cited the case as "a landmark victory against the Ashcroft Justice Department's misguided attempt to intrude into the lives of innocent Americans in the name of national security."
A 90-day stay for enforcement of the ruling is in effect to allow time for an appeal. Attorney General John Ashcroft, an outspoken advocate of the law enforcement provisions in the Patriot Act, told reporters, "Without knowing the specifics, I wouldn't be able to assure that the case would be appealed, but it is almost a certainty that it would be appealed."
See the related OMB Watcher article,
"Kyl Proposes Expanding the Patriot Act."