In her ruling issued on Monday, Judge Denise Page Hood rejected the government's motion to dismiss the case and granted the ACLU 30 days to decide whether to file an amended complaint in light of changes to the law. She also noted that Section 215 was amended by Congress "while the matter was under advisement," and therefore her ruling does not apply to the current, reauthorized version of the Patriot Act.

In its reauthorization of the Patriot Act earlier this year, Congress addressed some of the issues raised in the ACLU's lawsuit. "Although the Patriot Act provision still fails to comply with the Constitution, we are pleased that our legal challenge - combined with our advocacy in Congress - fixed some of the defects in the law," Beeson said.

For instance, as a result of reforms, the law now makes explicit that any business that receives an order for records of employees or customers has a right to consult with a lawyer. The law continues to gag recipients automatically for a year. Businesses may challenge gag orders they receive after a year, but challenges would be difficult if not impossible because judges must defer to the FBI's view that secrecy is necessary.