Close
  • Latest News
  • Artificial Intelligence
  • Video
  • Big Data and Analytics
  • Cloud
  • Networking
  • Cybersecurity
  • Applications
  • IT Management
  • Storage
  • Sponsored
  • Mobile
  • Small Business
  • Development
  • Database
  • Servers
  • Android
  • Apple
  • Innovation
  • Blogs
  • PC Hardware
  • Reviews
  • Search Engines
  • Virtualization
Read Down
Sign in
Close
Welcome!Log into your account
Forgot your password?
Read Down
Password recovery
Recover your password
Close
Search
Logo
Subscribe
Logo
  • Latest News
  • Artificial Intelligence
  • Video
  • Big Data and Analytics
  • Cloud
  • Networking
  • Cybersecurity
  • Applications
  • IT Management
  • Storage
  • Sponsored
  • Mobile
  • Small Business
  • Development
  • Database
  • Servers
  • Android
  • Apple
  • Innovation
  • Blogs
  • PC Hardware
  • Reviews
  • Search Engines
  • Virtualization
More
    Subscribe
    Home IT Management
    • IT Management
    • Networking

    White House Won’t Seek High Court Review of NSL Gag Order

    Written by

    Roy Mark
    Published May 18, 2009
    Share
    Facebook
    Twitter
    Linkedin

      eWEEK content and product recommendations are editorially independent. We may make money when you click on links to our partners. Learn More.

      The Obama administration has decided not to seek a Supreme Court review of lower court decisions striking down controversial Patriot Act provisions allowing the government to impose gag orders on NSLs (national security letters) recipients. FBI NSLs require recipients to turn over sensitive information about their clients and subscribers.

      The gag order provision allows the FBI to forbid anyone who receives an NSL from telling anyone about the record demand. The 2001 Patriot Act allows the government to demand information from ISPs including the Websites a person visits, a list of e-mail addresses with which a person has corresponded, or even unmask the identity of a person who has posted anonymous speech on a political Website.

      But a 2007 lower court decision ruled that the gag order provisions were unconstitutional, and the U.S. Court of Appeals for the Second Circuit upheld that ruling in 2008. The government’s time for seeking a Supreme Court review has now expired.
      “The appeals court was right to find that the FBI can’t be given the unchecked power to impose gag orders on the recipients of national security letters, and the government’s decision not to seek Supreme Court review means that FBI gag orders will finally be subject to meaningful judicial review,” Jameel Jaffer, director of the ACLU (American Civil Liberties Union National) Security Project, said in a statement. “As the last few years have shown us, the blanket of secrecy that cloaks the FBI’s activities is an invitation to abuse. Judicial review may not end that abuse altogether, but it will certainly discourage it.”
      The ACLU and the New York Civil Liberties Union filed Doe v. Holder in 2004 on behalf of an ISP that the FBI targeted with an NSL. Because of the Patriot Act’s gag order, the lawsuit was filed under seal and, despite the lower court rejections of the NSL gag order, the ACLU is still prohibited from disclosing its client’s identity.

      The White House’s decision not to seek a high court review of the case means the ACLU can now go back to court and force the government to defend the constitutionality of the gag order imposed on the ACLU client.
      “The next step is for the government to drop the unwarranted and unconstitutional gag on Doe,” said Melissa Goodman, a staff attorney with the ACLU’s National Security Project. “At this point it’s clear that the gag order serves no legitimate purpose.”
      Now that the appeals court order stands, the government will have to develop new procedures under which it will bear the burden of justifying any gag that it seeks to impose. “We hope and expect that the new procedures will strike a constitutionally appropriate balance between free expression and national security,” said Arthur Eisenberg, Legal Director of the New York Civil Liberties Union.

      Roy Mark
      Roy Mark

      Get the Free Newsletter!

      Subscribe to Daily Tech Insider for top news, trends & analysis

      Get the Free Newsletter!

      Subscribe to Daily Tech Insider for top news, trends & analysis

      MOST POPULAR ARTICLES

      Artificial Intelligence

      9 Best AI 3D Generators You Need...

      Sam Rinko - June 25, 2024 0
      AI 3D Generators are powerful tools for many different industries. Discover the best AI 3D Generators, and learn which is best for your specific use case.
      Read more
      Cloud

      RingCentral Expands Its Collaboration Platform

      Zeus Kerravala - November 22, 2023 0
      RingCentral adds AI-enabled contact center and hybrid event products to its suite of collaboration services.
      Read more
      Artificial Intelligence

      8 Best AI Data Analytics Software &...

      Aminu Abdullahi - January 18, 2024 0
      Learn the top AI data analytics software to use. Compare AI data analytics solutions & features to make the best choice for your business.
      Read more
      Latest News

      Zeus Kerravala on Networking: Multicloud, 5G, and...

      James Maguire - December 16, 2022 0
      I spoke with Zeus Kerravala, industry analyst at ZK Research, about the rapid changes in enterprise networking, as tech advances and digital transformation prompt...
      Read more
      Video

      Datadog President Amit Agarwal on Trends in...

      James Maguire - November 11, 2022 0
      I spoke with Amit Agarwal, President of Datadog, about infrastructure observability, from current trends to key challenges to the future of this rapidly growing...
      Read more
      Logo

      eWeek has the latest technology news and analysis, buying guides, and product reviews for IT professionals and technology buyers. The site’s focus is on innovative solutions and covering in-depth technical content. eWeek stays on the cutting edge of technology news and IT trends through interviews and expert analysis. Gain insight from top innovators and thought leaders in the fields of IT, business, enterprise software, startups, and more.

      Facebook
      Linkedin
      RSS
      Twitter
      Youtube

      Advertisers

      Advertise with TechnologyAdvice on eWeek and our other IT-focused platforms.

      Advertise with Us

      Menu

      • About eWeek
      • Subscribe to our Newsletter
      • Latest News

      Our Brands

      • Privacy Policy
      • Terms
      • About
      • Contact
      • Advertise
      • Sitemap
      • California – Do Not Sell My Information

      Property of TechnologyAdvice.
      © 2024 TechnologyAdvice. All Rights Reserved

      Advertiser Disclosure: Some of the products that appear on this site are from companies from which TechnologyAdvice receives compensation. This compensation may impact how and where products appear on this site including, for example, the order in which they appear. TechnologyAdvice does not include all companies or all types of products available in the marketplace.