Justice Department Sues Telecom for Challenging National Security Letter

WIRED
Kim Zetter | July 18, 2012

Last year, when a telecommunications company received an ultra-secret demand letter from the FBI seeking information about a customer or customers, the telecom took an extraordinary step — it challenged the underlying authority of the FBI’s National Security Letter, as well as the legitimacy of the gag order that came with it.

Both challenges are allowed under a federal law that governs NSLs, a power greatly expanded under the Patriot Act that allows the government to get detailed information on Americans’ finances and communications without oversight from a judge. The FBI has issued hundreds of thousands of NSLs and been reprimanded for abusing them — though almost none of the requests have been challenged by the recipients.

After the telecom challenged its NSL last year, the Justice Department took its own extraordinary measure: It sued the company, arguing in court documents that the company was violating the law by challenging its authority.

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