ACLU Challenges Patriot Act

NEW YORK –The American Civil Liberties Union went public Wednesday with grievances over the constitutionality of the U.S. Patriot Act and a sealed case in federal court involving the government's “National Security Letter” power, which authorizes the FBI to obtain sensitive customer records from businesses without following typical procedures with respect to federal laws.

In detail, the National Security Letter enables the FBI to demand the names, screen names, addresses, email header information, and other sensitive information held by Internet Service Providers and other businesses, the disclosure of which violates a tradition of anonymous speech that goes back to the Federalist Papers, the ACLU claims.

“The National Security Letter provision allows the FBI to demand the sensitive records of innocent people in complete secrecy, without ever appearing before a federal judge,” said Jameel Jaffer, an ACLU staff attorney.

The National Security Letter is a "gag" provision of the Patriot Act, which has not been disclosed to the public at large or to other non-governmental agencies and businesses.

According to the ACLU, the National Security Letter provision violates the First and Fourth Amendments because it gives the feds carte blanche to circumvent judicial approval or even demonstrate a reason to acquire the information in the first place.

Prior to the enactment of the Patriot Act in 2001 after the Sept. 11 attacks, the FBI and other agencies could only us "invasive" authority in cases that involved confirmed suspected terrorists and spies. But with enforcement from the National Security Letter, the FBI can obtain information about anyone with no reason or recourse, says the ACLU.

The ACLU filed legal papers in the Southern District of New York on April 6, but was forced to file under seal to avoid being penalized for violating the gag provision of the Act.

Nearly a month later, parts of the case can be disclosed to the public, whereas some aspects of the lawsuit are still being sealed, further leading the ACLU to think that the Letter violates the constitution.

Defendants in the lawsuit include Attorney General John Ashcroft and FBI Director Robert Mueller. The case is assigned to Judge Victor Marrero.

“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. “President Bush can talk about extending the life of the Patriot Act, but the ACLU is still gagged from discussing details of our challenge to it.”

The ACLU is scheduled to file a summary judgment motion on May 17, 2004. The government will respond on June 7, 2004, and according to the ACLU, all briefing will be completed in July 2004.

The court is expected to schedule arguments in the case in late summer 2004.

The ACLU has consistently challenged many aspects of the Patriot Act since its inception. Many other efforts are afoot nationwide to overturn the Act, which is slated to expire on Dec. 31, 2005.

Just over a dozen key provisions of the Patriot Act are set to expire, however, many portions have no expiration date and will continue to enforce government-related investigations indefinitely.

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

FSC Publishes Guidance on New UK Pornography Laws

The Free Speech Coalition (FSC) has published information for its members on the United Kingdom's recently passed pornography laws, which take effect next week.

Brazil Issues Guide to Digital Safety Compliance

Brazil’s National Data Protection Agency (ANPD) published on Wednesday a new guide outlining online providers’ child-protection responsibilities under the Digital Statute for Children and Adolescents (Digital ECA), which requires adult websites to age-verify users located in Brazil.

AEBN Publishes Popular Searches by Country for August, September

AEBN has released the list of popular searches from its straight and gay theaters, by country, for August and September.

2027 XBIZ Exec Awards Nominees Announced for Adult Entertainment Edition

XBIZ is pleased to announce the nominees for the adult entertainment industry edition of the 2027 XBIZ Exec Awards, set to be presented as part of the annual XBIZ Honors ceremony on Friday, Jan. 8, in conjunction with the XBIZ 2027 event series.

Pineapple Support to Host 'Effective Parenting' Support Group

Pineapple Support is hosting a free online support group for performers with children.

XMA Nominations Party Set for Nov. 17 at Avalon Hollywood

A night that sets the stage for the flagship XMAs, this year’s nominations reveal party will take place at Avalon Hollywood on Tuesday, Nov. 17, with red-carpet arrivals starting at 8 p.m.

BrattyGirls.com Launches Through PAYSITE

Producer Robert Peru has launched his newest membership site, BrattyGirls, through PAYSITE.

Arcom Issues Warnings to 3 Adult Sites Over Age Verification

French media regulator Arcom has issued formal notices to the operators of three adult websites that the agency says have failed to implement age verification as required under French law.

AEBN Reveals Ariel Demure as Top Trans Star for Q3 of 2026

AEBN has named its top trans stars for the third quarter of 2026, with Ariel Demure landing atop the leaderboard.

Porn Piracy: How AI Is Transforming Content Theft and Protection

Gone are the days when the word “pirate” primarily conjured images of clever scoundrels like Captain Jack Sparrow, swaggering across the high seas in search of gold and jewels. Today’s most prolific pirates operate in the darkest corners of the internet, armed with bots, scrapers and generative AI.

Show More