Section 505 of the USA PATRIOT ACT allows U.S. law enforcement agencies to issue National Security Letters—documents that demand sensitive information on “suspects” with no judicial oversight—on just about anyone. The American Civil Liberties Union (ACLU) has challenged this provision on First and Fourth Amendment grounds.
Of course we’re only now finding out about this because the ACLU filed the lawsuit under seal to avoid penalties associated with violating the National Security Letters gag provision. The ACLU lawsuit was filed on 6 April 2004 and it’s taken three weeks to negotiate the release of any information about the case. While the juicy bits are still under seal, a redacted version of the complaint is now available.
The ACLU has also obtained, through Freedom of Information Act (FOIA) litigation a list of National Security Letters issued between 26 October 2001 and 21 January 2003.
“It is remarkable that a gag provision in the Patriot Act kept the public in the dark about the mere fact that a constitutional challenge had been filed in court,” said Ann Beeson, ACLU associate legal director.