NSL unconstitutional
2013-03-15 23:12:28.31902+01 by Dan Lyke 0 comments
Hell yes: EFF publishes the ruling which makes National Security Letters unconstitutional.
Pursuant to the National Security Letter Statute, 18 U.S.C. § 2709, the FBI issued a National Security Letter ("NSL") to Petitioner, an electronic communciations service provider ("ECSP"), seeking "subscriber information." By certifying, under section 2709(c)(1), that disclosure of the existence of the NSL may result in "a danger to the national security of the United States, interference with a criminal, counterterrorism, or counterintelligence investigation, interference with diplomatic relations, or danger to the life or physical safety of any person," the FBI was able to prohibit Petituioner from disclosing the existence of the NSL. Petitioner filed a Petition to Set Aside the National Security Letter and Nondisclosure Requirement, pursuant to 18 U.S.C. §§ 3511(a) and (b).
But judgement is stayed for appeal to the Ninth Circuit. We generally like the Ninth Circuit.