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GUEST: Melissa Goodman, ACLU Staff Attorney

The US government has appealed a ruling by a New York federal court that struck down the National Security Letter (NSL) provision of the amended Patriot Act. NSLs are used to mine various transactions, including financial statements and even library records, without prior judicial overview. The original lawsuit was filed on behalf of an anonymous Internet Service Provider that received an NSL demanding private information and was issued a gag order, which prevents the plaintiff from revealing their identity. In September, Judge Victor Marrero of the US District Court for the Southern District of New York ruled that the NSL’s gag provisions were unconstitutional because they violate the First Amendment and the principle of separation of powers; and since the provisions cannot be separated from the NSL statute, the entire statue was struck down. A Justice Department Inspector General report from March of this year found grave abuses of FBI powers with National Security Letters, and new documents obtained through a Freedom of Information Act lawsuit reveals an expanding military role in domestic surveillance.

For more information, visit www.aclu.org/nsl