Jun 262009
 
 June 26, 2009  Posted by  Business, Court, Featured News, Govt, Surveillance, U.S.

When the FBI uses a national security letter (NSL) to force the cooperation of an ISP or phone company in the surveillance of a suspect, the agency typically slaps a gag order on the service provider to prevent it from revealing the existence of the NSL. Civil liberties groups have successfully challenged the DOJ on these gag orders in the ongoing Doe v. Holder, and last month the Obama administration decided not to appeal a federal court ruling that the FBI must justify these gag orders by meeting a relatively high First Amendment standard.

The implication of the court’s ruling was that the FBI would finally have to justify the gag order that it had placed on the John Doe in the Doe v. Holder case, so that the plaintiff could talk about the NSL. The FBI has now cooperated, and has given the court a justification of the gag order, in secret.

The classified declaration that justifies the gag order can’t even be seen by Doe’s attorneys at the ACLU.

Read more on Ars Technica.

[Edited 6-27 to add link to Ars Technica]

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