WASHINGTON-The Bush administration is expected to appeal a federal judge’s decision striking down a Patriot Act provision empowering law enforcement to force telecom carriers and Internet service providers-including wireless operators-to turn over customer information without court approval or public scrutiny.
On Wednesday, U.S. District Judge Victor Marrero ruled in favor of the American Civil Liberties Union and an unnamed Internet firm on their challenge of a statute authorizing the FBI to compel telecom and Internet companies to surrender subscriber information whenever the agency determines such data is relevant to an anti-terrorism investigation.
The FBI’s demand for customer records comes in the form of national security letters. Under the Patriot Act, telecom carriers and ISPs that receive such letters are prohibited from publicly disclosing that they have been directed by the FBI to release customer information.
Marrero stayed enforcement of yesterday’s ruling for 90 days to give the United States time to appeal.
News reports quoted Attorney General John Ashcroft, attending a meeting in the Netherlands, as saying an appeal is likely.
While acknowledging the Supreme Court’s deference generally to political branches in cases of terrorism or in other circumstances involving national security, Marrero said the Patriot Act’s telecom-Internet customer information collection provision gives the U.S. government a blank check.
“Here, however, the government cites no authority supporting the open-ended proposition that it may universally apply these general principles to impose perpetual secrecy upon an entire category of future cases whose details are unknown and whose particular twists and turns may not justify, for all time and all places, demanding unremitting concealment and imposing a disproportionate burden on free speech,” said Marrero in the 120-page opinion.
The White House wants Congress to renew the Patriot Act, which expires next year, but there are signs that will not happen as lawmakers prepare to break Oct. 8 for the November elections before returning for a lame duck session in November.
