Friday, December 19, 2008

PATRIOT Act NSL gag order unconstitutional

For a second time, a U.S. appeals court has found unconstitutional the provision of the USA PATRIOT Act which forbids recipients of National Security Letters from disclosing that they have received them. After the first time around, Congress amended the law to introduce some minimal judicial review, but maintained the burden of proof on the recipient if the government claimed there were national security reasons for the NSL to remain secret. The courts have ruled that this burden needs to fall on the government.

If this continues to stand, then perhaps the warrant canary will become superfluous.

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