Newsday: Lawsuit challenges FBI's Patriot Act use

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http://www.newsday.com/news/nationworld/nation/ny-uslett215138596mar21,0,4059927.story

Newsday: Lawsuit challenges FBI's Patriot Act use

WASHINGTON - The FBI's expanded use of national security letters originated in New York City after the Sept. 11 attacks, and is being challenged by a small Internet service provider in New York who is under a gag order barring him from talking about the case.

The lawsuit is believed to be one of only two constitutional challenges to the Patriot Act provisions that have dramatically broadened the FBI's authority to gather confidential information about thousands of Americans in the effort to hunt terrorists.

The identity of the small businessman is under government seal, like those of tens of thousands of individuals who have been served with requests for information that the FBI calls "national security letters" - de facto administrative subpoenas for phone, bank, credit card and Internet records that can be used in anti-terror probes.

But the lawsuit, expected to be heard next month in federal district court in Manhattan, is getting renewed attention against the backdrop of last week's report by the Justice Department's inspector general that the FBI engaged in widespread misuse of its authority in issuing more than 143,000 requests for information on thousands of Americans and foreigners between 2003 and 2005.

Based on a sampling of files from four FBI offices - including New York - the audit found numerous failures to get proper authorization, making of improper requests and unauthorized collection of records.

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