ISP Owner Gagged by FBI National Security Letter 'Vindicated' A US district court has struck down (pdf) an 11-year-old gag order imposed by the FBI on Nicolas Merrill, the boss of a small ISP forcibly muted from talking about government requests for user data. Merrill was first gagged back in 2004, and has been fighting the government ever since -- even going so far as to launch a new ISP focused specifically on user privacy in the expanding domestic surveillance age.

In 2001, the Patriot Act expanded the FBI’s authority to unilaterally demand that businesses and ISPs turn over user records -- and never talk about the request -- simply by sending a National Security Letter (NSL) claiming the data was needed for national security purposes. While the Electronic Frontier Foundation believes roughly 300,000 such National Security Letters (NSL) have been sent since the Patriot Act was created, this is the first time ever such a gag order has been lifted. "For more than a decade, the government has refused to allow Mr. Merrill and other NSL recipients to tell the public just how broadly the FBI has interpreted its authority to surveil individuals’ digital lives in secret using NSLs," Merrill said in a press release by his organization. "Tens of thousands of NSLs are issued by FBI officers every year without a warrant or judicial oversight of any kind." US District Court Judge Victor Marrero found "no good reason" for the gag order, while implying the system, as designed potentially prevents "accountability of the government to the people." "For more than a decade, the FBI has fought tooth and nail in order to prevent me from speaking freely about the NSL I received,” said Mr. Merrill. “Judge Marrero’s decision vindicates the public’s right to know how the FBI uses warrantless surveillance to peer into our digital lives. I hope today’s victory will finally allow Americans to engage in an informed debate about proper the scope of the government’s warrantless surveillance powers." "For more than a decade, the FBI has fought tooth and nail in order to prevent me from speaking freely about the NSL I received,” said Mr. Merrill. “Judge Marrero’s decision vindicates the public’s right to know how the FBI uses warrantless surveillance to peer into our digital lives. I hope today’s victory will finally allow Americans to engage in an informed debate about proper the scope of the government’s warrantless surveillance powers."







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Most recommended from 26 comments



Kilroy

MVM

join:2002-11-21

Saint Paul, MN 19 recommendations Kilroy MVM Waiting for America to again become the land of the free I cringe every time I hear National Security and Secret Court. I wonder how we let these things happen in America. I know the answer, FEAR. Be it real or imaginary, fear has been used to allow our government to operate in secret against the best interests of its citizens.

Packeteers

Premium Member

join:2005-06-18

Forest Hills, NY ·Verizon FiOS

·Charter

Asus RT-AC3100

(Software) Asuswrt-Merlin

1 edit 10 recommendations Packeteers Premium Member no gag on edward snowden can you imagine merrill's reaction to everything edward snowden was saying - while merrill could not confirm a thing - till now.

i look forward to reading (tv interview) more details of merrills post 9/11 ordeal and his long fight to get the gag order lifted.



Merrill remains gagged for 90 days to allow the Obama administration time to consider an appeal. smk11

join:2014-11-12 2 recommendations smk11 Member NSL letters are nothing compared to full take NSA taps NSL letters by definition create a paper trail. I'm more concerned about the full take fiber taps the NSA has going which will 100% be abused later.



Signing up for "privacy" based services = terrorist. You are better off just blending in with normal traffic with encryption.