September 13, 2007
Court Rules National Security Letters Unconstitutional
* Court Rules National Security Letters Unconstitutional
In a big victory for your online privacy and civil liberties, a federal court ruled that "National Security Letters" (NSLs) violate the Constitution.
Under the USA PATRIOT Act, NSLs allow the FBI to spy on Americans' telephone, Internet, and other records without any court approval and regardless of whether the target is suspected of a crime. With a single piece of paper, the FBI could average cost of cialis force your ISP to turn over detailed information about your Internet communications, including the Web sites you've visited and the email addresses you've written to.
Worse still, an NSL recipient is barred from notifying anyone else about the demand.
Last week, Judge Marrero ruled that this "gag order" is unconstitutional, and, in so doing, struck down the entire NSL statute. The gag not only tramples on the recipient's First Amendment rights but also prevents courts from fulfilling their Constitutional duty to check the other branches of government and scrutinize the restriction.
Meanwhile, EFF is continuing to fight hard to expose the truth about the NSL abuse through our Freedom of Information Act litigation. In the wake of the inspector general's report, EFF filed a lawsuit seeking fundamental information about the FBI's power grab. On June 16, 2007, a federal judge ordered the FBI to process 2,500 pages a month responsive to EFF's request. You can find the documents here:
http://www.eff.org/flag/07656JDB/
The ACLU has more on the decision here:
http://www.aclu.org/safefree/nationalsecurityletters/31580prs20070906.html
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