9th Circuit Issues Redacted EFF Briefing Against NSLs, Gag Orders, Says Privacy Group
The 9th U.S. Circuit Court of Appeals released a redacted Electronic Frontier Foundation briefing that says national security letters (NSLs) and accompanying gag orders violate companies' free-speech rights, said privacy group EFF in a Friday news release. Representing two service…
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providers before the court, the group said most proceedings have been sealed since the case began five years ago. NSLs are a type of administrative subpoena that seeks information relevant to a terrorism investigation or clandestine activity and usually comes with a gag order, preventing companies from notifying users of the demand or discussing the letters. Some companies like Open Whisper Systems have fought government gag orders successfully, EFF said. “Our clients want to join this conversation, using their own experiences as a basis to talk about what kind of government surveillance is appropriate and what reform is needed -- but NSL gags prevent them from doing so," said EFF staff attorney Andrew Crocker in the release. "We’re asking the court to strike down this unconstitutional statute so we can have the robust and inclusive debate that this issue deserves.”