Judge scraps electronic records requirement in Patriot Act

The section of the Patriot Act that requires internet and telecommunication providers to give records to the government without customers' knowledge has been cancelled by a judge.

Judge Victor Marrero of New York ruled on Thursday that the stipulation violates the US constitution. Previously, the FBI and department of justice could issue national security letters (NSL) to internet and phone service provides to requisition their customers' records.

Judge Marrero wrote: "In light of the seriousness of the potential intrusion into the individual's personal affairs and the significant possibility of a chilling effect on speech and association - particularly of expression that is critical of the government or its policies - a compelling need exists to ensure that the use of NSLs is subject to the safeguards of public accountability." Currently the department of justice is reviewing the judge's decision.

The Patriot Act was passed in the months following 9-11 and was re-authorized by Congress in 2006. Civil liberties groups have claimed that the act is unconstitutional. The Patriot Act's full name is the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act.