techdirt: Ninth Circuit Takes Another Look At NSLs, Says Indefinite Gag Orders Still Aren’t Constitutional Problem

techdirt: Ninth Circuit Takes Another Look At NSLs, Says Indefinite Gag Orders Still Aren’t Constitutional Problem by Tim Cushing:

Back in 2017, the Ninth Circuit Court of Appeals decided there was nothing wrong with the indefinite gag orders the government slapped on its (extremely plentiful) National Security Letters (NSL). It told Cloudflare, Credo Mobile, and other parties challenging these gag orders that the Constitution remains untroubled by the government’s demands for silence, which could easily be extended until forever.

The government likes to put regular warrants under seal as well, but at least those get a first pass by courts. National Security Letters are glorified subpoenas the government can issue without court approval but still somehow prevent recipients and targets from talking about (or being notified of) them indefinitely. The accepted excuse are the two words proceeding “letter:” national security. Once this gets invoked, a whole lot of scrutiny tends to go out the window.