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US Court Rules FBI Can Continue To Surveil Your Data In Secret
idropnews.com
A US federal appeals court has upheld the constitutionality of gag orders that prevent companies from informing their customers about FBI surveillance.
The nondisclosure agreements often accompany national security letters (NSLs) issued by the FBI, compelling tech companies to turn over subscriber data while leaving the target unaware that they are being surveilled. No warrant is required for the data and the gag orders can remain in effect indefinitely.
Content distribution provider CloudFlare and mobile network operator CREDO sued the government to inform their customers of five NSLs received between 2011 and 2013, Reutersreports. The firms mounted a joint challenge to the gag orders on the grounds that they violated the First Amendment’s free speech protections. The FBI permitted the companies to reveal that they had received NSLs and identify themselves as appellants in the court case earlier this year in March.
A three-judge panel of the 9th US Circuit Court of Appeals in San Francisco unanimously rejected the argument that the nondisclosure orders violated the First Amendment. Writing on behalf of the panel, Judge Sandra Ikuta ruled that “national security is a compelling government interest” that justifies the gags.
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