By The Electronic Frontier Foundation
The Internet Archive published a formerly secret national security letter (NSL) Thursday that includes misinformation about how to contest the accompanying gag order that demanded total secrecy about the request. As a result of the Archive’s challenge to the letter, the FBI has agreed to send clarifications about the law to potentially thousands of communications providers who have received NSLs in the last year-and-a-half.
The NSL issued to the Archive said the library had the right to “make an annual challenge to the nondisclosure requirement.” But in 2015, Congress updated the law to allow for more than one request a year, so that communications providers could speak out about their experience without unneeded delay. Represented by the Electronic Frontier Foundation, the Archive informed the FBI that it did not have the information the agency was seeking and pointed out the legal error. The FBI agreed to drop the gag order in this case and allow the publication of the NSL.
Posted on December 3, 2016