Federal Judge Finds National Security Letters Unconstitutional, Bans Them
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Re: Federal Judge Finds National Security Letters Unconstitutional, Bans Them
#2If this was stayed to allow it to go to the circuit appeals court, does it only apply in the Ninth Circuit?
Re: Federal Judge Finds National Security Letters Unconstitutional, Bans Them
#3If this was stayed to allow it to go to the circuit appeals court, does it only apply in the Ninth Circuit?
Not a lawyer, but I'd say yes.
Re: Federal Judge Finds National Security Letters Unconstitutional, Bans Them
#4If this was stayed to allow it to go to the circuit appeals court, does it only apply in the Ninth Circuit?
[deleted]
Re: Federal Judge Finds National Security Letters Unconstitutional, Bans Them
#5If this was stayed to allow it to go to the circuit appeals court, does it only apply in the Ninth Circuit?
Yes, but hey once the Ninth Circuit throws it out Google and others might be able to plausibly claim[1] they are no longer bound by the gag orders. If it does get by the Ninth circuit then it will go to the Supreme court. Sadly the Supreme Court has been a bit to pro-government to my tastes lately.
[1] Google claims their headquarters are in California, they also move all disputes into California, and so they could claim for the purposes of this statute they are a California company, even though their Incorporation papers are in Delaware I believe. Not a lawyer so can't advise but it is my best guess as to how they would position it.
Re: Federal Judge Finds National Security Letters Unconstitutional, Bans Them
#6This part is a big WTF: "After the telecom challenged the NSL, the Justice Department took its own extraordinary measure and sued the company, arguing in court documents that the company was violating the law by challenging its authority."
Re: Federal Judge Finds National Security Letters Unconstitutional, Bans Them
#7If this was stayed to allow it to go to the circuit appeals court, does it only apply in the Ninth Circuit?
If the 9th circuit upheld, then it would be binding in the 9th circuit, but persuasive in the other circuits if challenged on those grounds elsewhere.
Re: Federal Judge Finds National Security Letters Unconstitutional, Bans Them
#8This is so awesome. Sometimes it feels like we're barreling towards a monarchy with the executive branch wearing the crown. It made my afternoon to see that there still are operational checks and balances still functioning. I would love to see the judiciary start to rein in the executive branch.
Re: Federal Judge Finds National Security Letters Unconstitutional, Bans Them
#9One of the main points of the U.S. constitution is to provide checks and balances so that one branch of government cannot ac t unilaterally without oversight. For the executive branch to argue that in this case there is no way to challenge it is disingenuous at best and at worst, as this judge pointed out, unconstitutional.
It's frustrating to me as a citizen that if a government agency decides it has a problem with me, I'm pretty much screwed unless I have plenty of cash to hire the best lawyers.
Re: Federal Judge Finds National Security Letters Unconstitutional, Bans Them
#10Great work by the EFF here. There is a delicate balance between the power of the executive and the power of the courts and trying to chill the telecom's access to the court system by claiming that the company was interfering with an investigation by challenging the NSL is a deeply troubling action. Abuses can be fixed, but not if they can't be challenged in court.