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American Dream Betrayed

CREDO Confirms Long-Running Legal Fight Over National Security Letters

CREDO Mobile representatives confirmed Wednesday that their company was at the center of the long-running legal battle over the constitutionality of national security letters (NSLs), and published the letters the government sent three years ago.

Until now, CREDO was under a gag order preventing company officials from acknowledging or discussing he case. In March, a district court found that the FBI had failed to demonstrate the need for this gag, and struck it down pending an appeal by the government. But in November, the government decided to drop its appeal of that order, leaving CREDO free to talk about why the legal challenge is important to the company and its customers.

"A founding principle of CREDO is to fight for progressive causes we believe in, and we believe that NSLs are unconstitutional," CREDO CEO Ray Morris said.

"These letters, and the gag orders that came with them, infringed our free speech rights, blocking us from talking to our members about them or discussing our experience while lawmakers debated NSL reform.

"We were proud to fight these NSLs all these years, and now we are proud to publish the letters and take full part in the ensuing debate."

The Electronic Frontier Foundation has represented CREDO in this matter since 2013 - and the case, bundled with two other NSL challenges, has reached the United States Court of Appeals for the Ninth Circuit.

The NSL statutes have been highly controversial since their use was expanded dramatically by the PATRIOT Act in 2001. Soon after that, internal reviews by the Department of Justice found that they had been widely misused.

With an NSL, the FBI - on its own, without court approval - can issue a secret letter to a communications provider, demanding information about its customers, nearly always accompanied by a gag order. That prevents recipients from notifying users about the NSL or even discussing the letter at all.

While the government has stopped pursuing the NSL gag orders on CREDO in this case, EFF's two other NSL challenges are still being litigated in the appeals court.

EFF's clients - who still must remain secret - argue that they are being unconstitutionally barred from discussion and debate about government use of NSLs and surveillance reform.

"The FBI issues NSL demands for customer information without a warrant or any court supervision, and slaps on a gag order to make it hard for anyone to complain," said EFF staff attorney Andrew Crocker.

"The years-long fight in this case demonstrates the difficulty of challenging these orders, and we're grateful to CREDO for stepping up for its customers and the public to fight these NSLs."

CREDO Mobile has been in business for 31 years, originally as Working Assets. CREDO believes in bringing social change through every day acts of commerce. Since its founding, it has donated $81 million to progressive causes.

See the NSLs to CREDO:
* NSL 1.

* NSL 2.


See also: More on this case and related cases.


Previously in National Security Letters:
* EFF Fights National Security Letter Demands On Behalf Of Telecom, Internet Company.

* The First Rule Of Barack Obama's National Security Letters Is That You Aren't Allowed To Talk About Barack Obama's National Security Letters.

* Why We're Suing The Justice Department Over The FBI's Secret Rules For Using National Security Letters.

* U.S. Government Reveals Breadth Of Requests For Internet Records.

* Ruling Unsealed: National Security Letters Upheld As Constitutional.

* U.S. Surveillance Court A Bigger Rubber Stamp Than Chicago City Council.


Comments welcome.


Posted on December 1, 2016

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