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A Federal Bureau of
Investigation’s request to access the personal files of a digital library user
ended in the withdrawal of its National Security Letter (NSL), after a court
ruled in favor of the San-Francisco-based Internet Archive, who refused to
comply with the demand and challenged it in court.
The matter only came in the
public eye on Wednesday, despite the fact that the situation dates back to last
year. The explanation for that is that the Internet Archive organization was
banned from discussing FBI’s request.
National security letters can be
used by the FBI without a court order, to obtain information of individuals,
and are accompanied by a gag order that prevents the recipients from discussing
the matter with anyone else but their lawyers, who must also submit to the gag
order.
However, this time, Internet
Archive founder Brewster Kahle decided to take action against a request that he
though was unconstitutional, and together with the Electronic Frontier
Foundation (EEF) and the American Civil Liberties Union (ACLU), they took the
matter to court.
“The information requested in
the national security letter was relevant to an ongoing, authorized national
security investigation,” FBI Assistant Director John Miller said in a
statement. “National security letters remain indispensable tools for national
security investigations and permit the FBI to gather the basic building blocks
for our counterterrorism and counterintelligence investigations.”
In 2001, the USA Patriot Act
significantly expanded the use of NSLs, and as The New York Times reported last
year, FBI isn’t the only agency to use them. According to Melissa Goodman, the legal
representative of Internet Archive, the FBI issued approximately 200,000
letters between 2003 and 2006, but only three of them have been challenged in
court, the Associated Press reports.
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