Judge Rules Provisions in Patriot Act to Be Illegal

Some good news on the privacy front for a change! The New York Times covers the recent landmark decision by a federal district court judge in Oregon.

A federal judge in Oregon ruled Wednesday that crucial parts of the USA Patriot Act were not constitutional because they allowed federal surveillance and searches of Americans without demonstrating probable cause.

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“For over 200 years, this nation has adhered to the rule of law — with unparalleled success,” Judge Aiken’s opinion said in finding violations of the Fourth Amendment prohibitions against unreasonable search and seizure. “A shift to a nation based on extraconstitutional authority is prohibited, as well as ill advised.”

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In examining the history of the Federal Intelligence Surveillance Act, the opinion discussed a change by Congress in October 2001, under the Patriot Act, that allows surveillance and searches if the government declares that “a significant purpose” of that activity is gathering foreign intelligence. In the past, such searches and surveillance had been allowed if “the purpose” was to obtain foreign intelligence.

Congress’s intent, the opinion said, was “to break down barriers between criminal law enforcement and intelligence gathering.” Judge Aiken said a practical effect of “a seemingly minor change in wording” was to allow the government to avoid the constitutional probable cause requirement.