TITLE

Judge Strikes Down Gag Order

AUTHOR(S)
Oder, Norman
PUB. DATE
November 2004
SOURCE
Library Journal;11/1/2004, Vol. 129 Issue 18, p20
SOURCE TYPE
Trade Publication
DOC. TYPE
Article
ABSTRACT
The article reports that on September 29, U.S. District judge Victor Marrero struck down a statute-enacted in 1986 and amended several times, including in Section 505 of the USA PATRIOT Act-that authorizes the Federal Bureau of Investigation (FBI) to issue National Security Letters (NSL) to order production of records as long as the FBI certifies that those records are relevant to a terrorism or counterterrorism investigation. As with Section 215 of the act, which covers business records (including library data), those ordered to produce records are gagged from discussing it. Because the government is expected to appeal, the judge stayed enforcement of his decision for 90 days. Noted ALA's Washington Office in a statement, "Because of the cloak of secrecy that has shrouded the NSL process, it is impossible to know whether NSLs have been served in libraries and, if so, how often or in what circumstances this has occurred."
ACCESSION #
14926847

 

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