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ISP Owner Who Fought FBI Spying Freed From Gag Order

Tootech writes "So you wonder what happens when an ISP recieves a a so-called 'national security letter' from the FBI? Well, read this about an ISP owner's fight to not have to turn over everything and the sink to the FBI: 'The owner of an internet service provider who mounted a high-profile court challenge to a secret FBI records demand has finally been partially released from a 6-year-old gag order that forced him to keep his role in the case a secret from even his closest friends and family. He can now identify himself and discuss the case, although he still can't reveal what information the FBI sought. Nicholas Merrill, 37, was president of New York-based Calyx Internet Access when he received a so-called "national security letter" from the FBI in February 2004 demanding records of one of his customers and filed a lawsuit to challenge it.'"

7 of 404 comments (clear)

  1. Re:Troubling by Shakrai · · Score: 5, Insightful

    So much for the first amendment. I'd have posted it all to slashdot, written letters to editors, harrassed my congresscritters, and gone to jail.

    Or you could be a little bit smarter about it and send it to a news outlet and/or wikileaks.....

    --
    I want peace on earth and goodwill toward man.
    We are the United States Government! We don't do that sort of thing.
  2. Bet this guy was VERY exceptional by elrous0 · · Score: 5, Insightful

    For every ISP like this who stood up to the feds, I wonder how many just caved and put their own business interests ahead of the civil rights of their clients?

    --
    SJW: Someone who has run out of real oppression, and has to fake it.
  3. Re:Troubling by schon · · Score: 5, Insightful

    They might suspect that but proving it in a Court of Law is an entirely different matter.

    And as we all know, if it's impossible to prove in court, they won't ever arrest you and destroy your business.

    Oh, wait...

  4. Re:Troubling by Shakrai · · Score: 5, Insightful

    Yes, the NSL law is loathsome. I've never disputed that. I even responded to mcgrew earlier and suggested that I might be inclined to leak the letter to Wikileaks if I received one.

    All I'm saying is that there isn't a 1st amendment issue when you prohibit a service provider from telling their customer that he's under surveillance. Interfering with an ongoing criminal investigation is obstruction of justice. That's been illegal since the Common Law (i.e: it predates the United States of America) and has never been ruled to be unconstitutional.

    There is a 5th amendment issue here when the service provider is denied the right to confer with his attorney. There is a 4th amendment issue here when the subject of the NSL is denied his right to have a warrant issued before having his communications intercepted. I'm just not seeing a 1st amendment issue though.

    --
    I want peace on earth and goodwill toward man.
    We are the United States Government! We don't do that sort of thing.
  5. Re:Troubling by spun · · Score: 5, Insightful

    Thanks for the rhetoric, Mr. Ayers. It's a shame you didn't set off more bombs in your heyday, eh? We could have had the socialist utopia you crave without having to assume this faux image of respectability.

    I'm continually surprised by what passes for argumentation among conservatives. Petty snark, affronted whining, thoughtless jingoism, blatant fearmongering: it's no wonder that the majority of citizens find your positions puerile.

    We're trying to have a grown up conversation here, if you can't act like a grown up and present your thoughts in a rational manner, you should go back and sit at the kid's table.

    --
    - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
  6. Re:Troubling by Shakrai · · Score: 5, Insightful

    Civil disobedience is not a free activity. Sometimes it's worth paying the price for standing up for what you believe in. Rosa Parks was found guilty and assessed a fine. Does that mean she shouldn't have done what she did?

    --
    I want peace on earth and goodwill toward man.
    We are the United States Government! We don't do that sort of thing.
  7. Re:Troubling by Archangel+Michael · · Score: 5, Insightful

    That is because "WE" have let a small group (Judges) define Corporations (Creations of the State) as having the same "Rights" as Persons.

    Hear me very carefully. WE the PEOPLE need to get together and tell the government (by CONSTITUTIONAL AMENDMENT) that non-citizen entities (Corporations) are not afforded ANY rights as "persons". NONE. They are granted PRIVILEGES only, including their own existence, and violation of those privileges will result in increasing penalties, including the "corporate death penalty", whereby their corporate charter is revoked and stock holders lose everything.

    --
    Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.