Re: NSLs, Other Privacy Issues

[Jeffrey Walton <noloader () gmail com>]

On Tue, Mar 12, 2013 at 6:05 PM, John Bambenek
<bambenek.infosec () gmail com> wrote:
> I'm working on a quick study on the use of NSLs and other aspects of
> federal law/policy that impact computer privacy.  Since, among other
> things, this tends to be a pretty "libertarian" leaning group, I figured
> I'd get your input on the things the US Gov't does that negatively
> impacts privacy and recommendations for alternatives (besides the
> obvious "stop it").
"Judge Declares FBI Surveillance Gag Orders Unconstitutional,"
http://www.slate.com/blogs/future_tense/2013/03/15/susan_illston_district_court_judge_declares_national_security_letters_unconstitutional.html.

They are used by the FBI to bypass courts and conduct secret
surveillance. But now, in what could prove to be a major blow to the
Department of Justice, a federal court has found that National
Security Letters are unconstitutional.

In a ruling released today, U.S. District Judge Susan Illston said
that NSLs suffer from “significant constitutional defects” and violate
the First Amendment because of the way they can be used to effectively
gag companies that receive them. Illston has ordered the FBI to stop
issuing NSLs and cease enforcing their gag provisions in all cases.
However, the ruling has been stayed for 90 days, giving the government
the chance to appeal to the 9th Circuit Court of Appeals because of
the “constitutional and national security issues at stake.”
...
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