They are known as national security letters and the federal bureau of investigation (fbi) question, tens of thousands of people each year to the bank, phone company and other business needs of the customer information. They without judicial review and send to the recipient to disclose them banned.
On Friday, in the San Francisco federal judge declared unconstitutional letters, said the customer data secret request, violates the first amendment.
U.S. district court judge Susan Illston wrote: "the government's failure to display the letters and rubber non public policy" is the urgent needs of the national security, "and the gag in order to create" speech from unnecessary restrictions of the danger of too much,.
She ordered the FBI stop send mail, but at the same time, in order to keep for 90 days, so the U.S. justice department can continue to appeal to the United States court of appeals for the ninth circuit.
The justice department said it is reviewing a decision.
FBI anti-terrorism agency, after sending the letter began 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 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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