It appears that the court struck down the part of the Patriot Act that allows Agents to issue Non-Binding Subpoenas to businesses that would be willing to comply but need something official on paper. The radio story reports that it would stop businesses from complying with the a command without a judge's order. I bet the story (and perhaps the high court) got it wrong. I bet these are not true subpoenas - businesses could not be forced to obey them.