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[liberationtech] EFF: National Security Letters Are Unconstitutional, Federal Judge Rules

Nicholas Merrill lists at calyx.com
Sun Mar 17 12:36:15 PDT 2013


On 3/16/13 6:03 PM, hwamyeon wrote:
> Does this only impact letters going forward? Or does it apply to past
> letters as well? It would be interesting to finally get some data on
> their past use and potential abuses.
>
>
Some advice I have gotten suggests that it is not retroactive.. i.e. it
only applies going forward.

And of course on top of that, the judge's decision is stayed pending appeal.

Not everyone on this list may remember back to the Doe v. Ashcroft / Doe
v. Mukasey / Doe v. Gonzalez / Doe v. Holder case that I was the
plaintiff in but we got a similar decision in New York's southern
district from Judge Marrero two times - in 2004 and 2007 -  that the NSL
provision is unconstitutional, and violates the 1st, 4th and 5th
amendments to the constitution.

Until you can get the decision upheld by the Supreme court, and the
government continues to appeal, it doesn't "stick", so to speak.

I'd be happy to talk about it, provided I can get completely out of the
gag order, which I have not given up on.

More news as it becomes available.

best,

Nick


-- 
Nicholas Merrill
Executive Director
The Calyx Institute
287 Spring Street
New York, NY 10013
Voice: 212-966-1900 x801
Mobile: 917-770-2491




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