The Yale Law Journal - Forum: Warrant Canaries and Disclosure by Design: The Real Threat to National Security Letter Gag Orders

<![endif] Header /.header PRINT ARCHIVE FORUM SUBMISSIONS MASTHEAD ABOUT CONTACT CONTACT YLJ ALUMNI SUBSCRIPTIONS VOLUME 124 2014-2015 Forum 19 Dec 2014 Rebecca Wexler Since the 1980s, the FBI has issued documents referred to as National Security Letters (NSLs), which demand data from companies—including financial institution records and the customer records of telephone companies and communications service providers—for foreign intelligence investigations. 1 The use of the letters increased dramatically after the attacks of September 11, 2001 and the USA PATRIOT Act’s expansion of the FBI’s statutory NSL authority. 2 But these letters were rarely publicized or publicly challenged, 3 as they often included gag orders that required recipients not to reveal the contents of the letter, or even its existence. 4 After the leak of...

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