[governance] EFF: National Security Letters Are Unconstitutional, Federal Judge Rules

Sat Mar 16 06:06:52 EDT 2013

This is an excellent win and we look forward to hearing about the Appeal
following the "Stay". Thanks Katitza.

On Sat, Mar 16, 2013 at 12:26 PM, Katitza Rodriguez <katitza at eff.org> wrote:

>
>
> Electronic Frontier Foundation Media Release
>
> For Immediate Release: Friday, March 15, 2013
>
> Contact:
>
> Matt Zimmerman
>   Senior Staff Attorney
>   Electronic Frontier Foundation
>   mattz at eff.org
>   +1 415 436-9333 x127
>
> Cindy Cohn
>   Legal Director
>   Electronic Frontier Foundation
>   cindy at eff.org
>   +1 415 436-9333 x108 (office), +1 415 307-2148 (cell)
>
> Kurt Opsahl
>   Senior Staff Attorney
>   Electronic Frontier Foundation
>   kurt at eff.org
>   +1 415 436-9333 x106
>
> National Security Letters Are Unconstitutional, Federal
> Judge Rules
>
> Court Finds NSL Statutes Violate First Amendment and
> Separation of Powers
>
> San Francisco - A federal district court judge in San
> Francisco has ruled that National Security Letter (NSL)
> provisions in federal law violate the Constitution.  The
> decision came in a lawsuit challenging a NSL on behalf of
> an unnamed telecommunications company represented by the
> Electronic Frontier Foundation (EFF).
>
> In the ruling publicly released today, Judge Susan Illston
> ordered that the Federal Bureau of Investigation (FBI) stop
> issuing NSLs and cease enforcing the gag provision in this
> or any other case.  The landmark ruling is stayed for 90
> days to allow the government to appeal.
>
> "We are very pleased that the court recognized the fatal
> constitutional shortcomings of the NSL statute," said EFF
> Senior Staff Attorney Matt Zimmerman.  "The government's
> gags have truncated the public debate on these
> controversial surveillance tools.  Our client looks forward
> to the day when it can publicly discuss its experience."
>
> The controversial NSL provisions EFF challenged on behalf
> of the unnamed client allow the FBI to issue administrative
> letters -- on its own authority and without court approval
> -- to telecommunications companies demanding information
> about their customers.  The controversial provisions also
> permit the FBI to permanently gag service providers from
> revealing anything about the NSLs, including the fact that
> a demand was made, which prevents providers from notifying
> either their customers or the public.  The limited judicial
> review provisions essentially write the courts out of the
> process.
>
> In today's ruling, the court held that the gag order
> provisions of the statute violate the First Amendment and
> that the review procedures violate separation of powers.
> Because those provisions were not separable from the rest
> of the statute, the court declared the entire statute
> unconstitutional.  In addressing the concerns of the
> service provider, the court noted: "Petitioner was adamant
> about its desire to speak publicly about the fact that it
> received the NSL at issue to further inform the ongoing
> public debate."
>
> "The First Amendment prevents the government from silencing
> people and stopping them from criticizing its use of
> executive surveillance power," said EFF Legal Director
> Cindy Cohn.  "The NSL statute has long been a concern of
> many Americans, and this small step should help restore
> balance between liberty and security."
>
> EFF first brought this challenge on behalf of its client in
> May of 2011.
>
> For the full order:
> https://www.eff.org/document/**nsl-ruling-march-14-2013<https://www.eff.org/document/nsl-ruling-march-14-2013>
>
> For more on this case:
> https://www.eff.org/cases/re-**matter-2011-national-security-**letter<https://www.eff.org/cases/re-matter-2011-national-security-letter>
>
> For this release:
> https://www.eff.org/press/**releases/national-security-**
> letters-are-unconstitutional-**federal-judge-rules<https://www.eff.org/press/releases/national-security-letters-are-unconstitutional-federal-judge-rules>
>
> About EFF
>
> The Electronic Frontier Foundation is the leading
> organization protecting civil liberties in the digital
> world. Founded in 1990, we defend free speech online, fight
> illegal surveillance, promote the rights of digital
> innovators, and work to ensure that the rights and freedoms
> we enjoy are enhanced, rather than eroded, as our use of
> technology grows. EFF is a member-supported organization.
> Find out more athttps://www.eff.org.
>
>
>     -end-
>
>
>
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