Federal Court Strikes Down National Security Letter Provision of Patriot Act (ACLU.org)

NSLs [ed: National Security Letters] may be used to obtain access to subscriber, billing or transactional records from Internet service providers; to obtain a wide array of financial and credit documents; or even to obtain library records. In almost all cases, recipients of NSLs are forbidden, or “gagged,” from disclosing that they have received the letters, even to close family and friends. This has been a severe hardship on NSL recipients, who not only have been forced to keep this major event secret, but who have been prevented from meaningfully participating in public discussions about NSLs. The court today held that because the gag provisions cannot be separated from the entire amended statute, the court was compelled to strike down the entire statute.

“As the court recognized, there must be real, meaningful judicial checks on the exercise of executive power,” said Melissa Goodman, an ACLU staff attorney on this case. “Without oversight, there is nothing to stop the government from engaging in broad fishing expeditions, or targeting people for the wrong reasons, and then gagging Americans from ever speaking out against potential abuses of this intrusive surveillance power.”

Of course, W and the government goon squad will find their way around it, but it’s nice to see common sense and checks and balances re-emerge every once in a while.