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A U.S. federal judge has dismissed a provision of the Patriot Act that allows the Federal Bureau of Investigation to secretly force companies to provide access to customer records without a warrant.
Judge Victor Marrero Thursday ruled the provision is unconstitutional and said the gag order violates the First Amendment guarantee of free speech. The law allows the FBI to force communications companies into releasing their customers' financial, telephone and Internet records to federal officials, while forbidding the companies from disclosing information about the request.
Marrero first ruled the provision unconstitutional in 2004 when the American Civil Liberties Union challenged it, saying it was improper for the FBI to issue so-called national security letters without a judge's order. The letters are used in terrorism investigations. Congress revised the Patriot Act in 2005 and it was sent back to Marrero to review the law's constitutionality a second time.
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