United States:
Ninth Circuit Backs Gag Orders On FBI Data Requests
20 September 2017
by
Daniel J. McLoon
,
Mauricio Paez
,
Richard Johnson
,
Jonathon Little
,
Kevin Lyles
,
Todd McClelland
,
Jeff Rabkin
,
Lisa M. Ropple
,
Adam Salter
,
Michiru Takahashi
,
Undine Von Diemar
,
Olivier Haas
,
Jörg Hladjk
and
Anand Varadarajan
Jones Day
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On July 17, the Ninth Circuit overruled a constitutional challenge to the
FBI's use of national security letters ("NSLs") that
bar service providers from telling users about government requests
for their data, ruling that the disclosure restrictions do not
violate the First Amendment. The Ninth Circuit concluded that the
nondisclosure agreement contained within NSLs is a content-based
restriction on speech that is both subject to and withstands strict
scrutiny and therefore did not violate the Constitution.
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