Judge: FBI need not lift 5 year old gag order

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In ruling on case of small ISP federal judge rules that, as long as the FBI says it's about national security, the gags on their self-serve warrants (aka Natioanl Security Letters) can be applied at their discretion, based on secret evidence.

Wired reports

A federal judge on Tuesday declined to remove a gag order imposed on the president of a small ISP who wants to reveal the contents of a national security letter he received from the FBI.

The NSL demanded the president of the New York company provide the government with e-mails from a customer the government deemed a threat. An NSL, a type of self-issued subpoena fortified by the Patriot Act, allows the FBI to obtain telecommunication, financial and credit records relevant to a government investigation without a court warrant.

The case last hit the courts in December, when the 2nd U.S. Circuit Court of Appeals, in a decision with  Sonia Sotomayor in the majority, narrowed the standard by which recipients of NSLs must keep mum.

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This page contains a single entry by Phil Leggiere published on October 21, 2009 10:58 PM.

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