NEW YORK (Reuters) - The American Civil Liberties Union (news - web sites) disclosed on Wednesday it had secretly sued the government over a provision of the Patriot Act that allows the FBI (news - web sites) to demand customer records from businesses without court approval.
The ACLU said it initially filed the civil lawsuit under seal on April 6 because it could have been prosecuted for violating a gag order contained within the Patriot Act. It said it chose to make the case public after the government agreed on Wednesday it would not seek a penalty against the ACLU.
But many details of the case, filed in Manhattan federal court, must remain secret.
The defendants include Attorney General John Ashcroft (news - web sites) and FBI Director Robert Mueller. A spokesman for the Manhattan U.S. attorney's office had no comment.
At issue is the power the FBI has to execute what is known as a "National Security Letter," a form of administrative subpoena used to demand confidential financial records from companies as part of terrorism investigations.
2. What is all the hush hush about? Anyone know anything about
the gag order they are talking about?
They also do not identify that this is a provision of the Patriot Act II snuck into a senate appropriations bill. Also as I remember now, they was no provision that absolutely identified terrorism as a cause for their consumer curiosity.
I am not sure that these provisions can be sunsetted (sp). They were hidden inside Senate appropriations bills just before the end of last year, I think. Or the beginning of this year.
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