A federal judge ruled that the fbi issued a so-called national security letters, Banks, phone companies and other enterprises is unconstitutional, he said the secret requirement of the customer data, violates the first amendment.
The federal bureau of investigation (FBI) is almost always a bar letters revealed to anyone - including the recipient - they also received a customer request, the U.S. district court judge Susan Illston, says Friday's decision.
Government failed to display the letters of the rubber and the open policy "is the urgent needs of the national security," and the gag in order to create "the danger of too much, speaking from unnecessary restrictions," SAN francisco-based Illston wrote.
FBI counterterrorism agent to issue letters, does not require a judge approved after the September 11 terrorist attacks, the United States congress passed "the United States patriot act".
Lawyers filed from the electronic frontier foundation, application in 2011 on behalf of an unnamed telecommunications company, received customer information demand under the condition of the FBI.
"EFF lawyer matt Zimmerman said:" we are very pleased that the court confirmed fatal disadvantages NSL regulations, constitution. "The government's stunt truncation of open debate on the controversial monitoring tools. Our customers look forward to one day, it can be openly discussed."
Illston wrote, she is also limited power, banned judge is required to remove the order.
The judge can eliminate the gag, only when they are "there is no reason to think that disclosure may endanger national security, criminal counter-terrorism or interferes with the investigation, there are the interference of foreign relations, or endanger the safety of the life or body to anyone."
This rule also violated the constitution, because it can prevent meaningful judicial review.
Illston ordered the FBI stop send mail, but she to stay period for 90 days, so that the justice department to appeal to the United States court of appeals for the ninth circuit.
Illston is first to find the letters of the disturbing a federal judge. Also found in New York, the United States the second circuit court of appeals for the limit to be unconstitutional, but allow the FBI continue to issue, if it did change the system, such as to inform the recipient they can ask the federal judge review letters.
Illston ruled on Friday said it was by congress and the courts, with letters.
In 2007, the justice department attorney general correspondence, including appropriate authorization, in the emergency information needs, and generally in the use of the FBI. The federal bureau of investigation (FBI) strengthen the supervision of the system.
The federal bureau of investigation (FBI) 16511, 7201 people in 2011 to the latest data about the request of national security letter. The federal bureau of investigation (FBI) letters, collecting infinite kinds of sensitive personal information, such as financial records and telephone records.
The justice department did not immediately respond to requests for comment.
 



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