The FBI has withdrawn an unconstitutional national security letter issued to the Internet Archive after a legal challenge from the ACLU and the Electronic Frontier Foundation. As the result of a settlement agreement, the FBI withdrew the NSL, agreed to the unsealing of the case, and lifted a gag order – finally allowing the Archive’s founder, Brewster Kahle, to speak out for the first time about his battle against the record demand. Check out this video for Kahle’s story in his own words.
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Our website features the documents that were previously sealed in the case. The Internet Archive case is our third challenge to national security letters. We won the last round in our Internet Service Provider case: In September 2007, Judge Victor Marrero struck down the national security letter provision of the Patriot Act, calling the NSL gag power unconstitutional under the First and Fourth Amendments. The government appealed that decision: The 2nd U.S. Circuit Court of Appeals will hear arguments in that case, Doe v. Mukasey, in June. You can learn more about all of our national security letter cases at www.aclu.org/nsl.