http://www.nytimes.com/2015/12/01/us/politics/scope-of-national-security-inquiry-is-revealed.html?partner=rss&emc=rss
Scope of National Security Inquiry Is Revealed



Nicholas Merrill in 2011. On Monday, he revealed the amount of information
the F.B.I. requested from his company, Calyx Internet Access, about one
customer in 2004. Fred R. Conrad/The New York Times

After a decade of court battles, the Internet entrepreneur who filed the
first legal challenge to a type of secret administrative order known as a
national security letter revealed on Monday the breadth of an F.B.I. demand
<http://isp.yale.edu/sites/default/files/page-attachments/merrill_v._lynch_-_unredacted_attachment_to_2004_nsl.pdf>
in 2004 for information about a customer.

National security letters, which empower federal investigators to seek
certain customer records without court approval or oversight, were
significantly expanded as part of the U.S.A. Patriot Act
<http://topics.nytimes.com/top/reference/timestopics/subjects/u/usa_patriot_act/index.html?inline=nyt-classifier>
after the Sept. 11, 2001, terrorist attacks. In August, a judge ruled that
the entrepreneur, Nicholas Merrill, could disclose what he had been asked
to turn over if the government did not file an appeal within 90 days, and
the deadline has now passed.

Mr. Merrill revealed that the F.B.I.
<http://topics.nytimes.com/top/reference/timestopics/organizations/f/federal_bureau_of_investigation/index.html?inline=nyt-org>
in 2004 ordered his company, Calyx Internet Access, to turn over all
physical mail addresses, email addresses and Internet Protocol addresses
associated with one customer’s account, as well as telephone and billing
records and anything else considered to be an “electronic communications
transactional record.” The order said the content of communications between
the customer and others should not be handed over.

The bureau also sought the account’s “radius log,” which a related court
opinion
<http://isp.yale.edu/sites/default/files/page-attachments/merrill_v._lynch_-_unredacted_decision_vacating_gag_order.pdf>
said could include “cell-tower-based phone tracking information.” But the
Justice Department told the court, the Federal District Court for the
Southern District of New York, that the F.B.I. no longer obtained such data
with national security letters.

After Mr. Merrill received the F.B.I. order in 2004, he began a court
challenge assisted by the American Civil Liberties Union
<http://topics.nytimes.com/top/reference/timestopics/organizations/a/american_civil_liberties_union/index.html?inline=nyt-org>.
The litigation proceeded under seal for years because the government
contended that it could keep everything about national security letters,
including who had been served with one, a secret. Mr. Merrill argued that
this gag rule infringed on his First Amendment rights.

In the meantime, national security letters have become more publicly
controversial as the F.B.I.’s use of the tool has increased significantly.
In 2007 and 2008, the Justice Department’s inspector general found numerous
problems with how the bureau was using and keeping records about the
letters.

In 2010, Mr. Merrill won a ruling permitting him to identify himself as
having received such a letter, but the rest of the gag order remained in
place.

In 2014, Mr. Merrill opened a new court challenge to win the right to talk
about the order he had received, this time assisted by the Media Freedom
and Information Access Clinic at Yale Law School
<http://isp.yale.edu/node/6037>.






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