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National Security Letters Ruled Unconstitutional, Banned

A U.S. District Court Judge in California today ruled that so-called National Security Letters, used by government agencies to force business and organizations to turn over information on citizens, are unconstitutional. Judge Susan Illston ordered the government to stop using them, but gave the government a 90-day window to appeal the decision, during which the NSLs may still be sent out. The letters were challenged by the Electronic Frontier Foundation on behalf of a telecom who was ordered to provide data. "The telecom took the extraordinary and rare step of challenging the underlying authority of the National Security Letter, as well as the legitimacy of the gag order that came with it. Both challenges are allowed under a federal law that governs NSLs, a power greatly expanded under the Patriot Act that allows the government to get detailed information on Americans’ finances and communications without oversight from a judge. The FBI has issued hundreds of thousands of NSLs and been reprimanded for abusing them — though almost none of the requests have been challenged by the recipients. After the telecom challenged the NSL, the Justice Department took its own extraordinary measure and sued the company, arguing in court documents that the company was violating the law by challenging its authority. The move stunned the Electronic Frontier Foundation, which is representing the anonymous telecom. ... After heated negotiations with EFF, the Justice Department agreed to stay the civil suit and let the telecom’s challenge play out in court. The Justice Department subsequently filed a motion to compel in the challenge case, but has never dropped the civil suit."

7 of 231 comments (clear)

  1. Actually... by Anonymous Coward · · Score: 5, Funny

    they are constitutional. I have proof but you're not allowed to see it. I'd tell you how many pages that proof has but that would endanger the lives of officers in the field.

  2. Re:Patriot Act is unconstitutional by Anonymous Coward · · Score: 2, Funny

    What you mistake for cynicism is merely a more fashionable brand of naivete.

  3. Re:Challenging Authority by servognome · · Score: 4, Funny

    Don't be silly, Norway and Sweden don't exist

    --
    D6 63 0D 70 89 81 BB 8E 7B 7C 5F 5D 54 EA AB 73
  4. Re:Holy crap? by Anonymous Coward · · Score: 2, Funny

    Maybe they all got NSL demanding they not publish it?

  5. Re:Patriot Act is unconstitutional by akboss · · Score: 4, Funny

    It's nice to see checks and balances. I wondered what happened to those.

    The checks bounced and the balances are tipped over.

    --
    "Remember, politicians and diapers should be changed often and for the same reason."
  6. Re:Precedents by Areyoukiddingme · · Score: 3, Funny

    3 generations of imbeciles are enough

    That one obviously had to be reversed. Where else would we get enough imbeciles to fill Congress?

  7. Re:"Secret Government" is a huge threat to us all by Anonymous Coward · · Score: 2, Funny

    Yes! At last someone has seen the truth - everything is Just Fine.