Administration Asks Appeals Court To Compel ISP Searches

Worth knowing how this all falls out, methinks.

- ferg

Worth knowing how this all falls out, methinks.

Am I understanding this correctly? Are they trying to get ISP's to
release all customer information up front without any sort of legal
request? I don't have a problem releasing information asked for in a
subpeona, but to turn over an entire customer list without any
specific criminal charges having been files is a little much.

Please tell me I'm misreading this...


An NSL is a letter that does not require any sort of court approval and
allows Law Enforcement to demand specific records and logs without disclosure
and with no way to challenge the NSL short of challenging the constitutionality
of the law authorizing NSLs in general.

The primary difference between it and a subpoena is the ability to challenge
it, and, the lack of requirement for court approval.

Some subpoenas come with gag orders, some do not.

ALL NSLs are automatically gag orders.

I have never seen an NSL and have never received one. If I had, I would not
be able to say that I had or had not. You can pretty well read between the
lines of the earlier poster that said he did not mean to imply that he had
or had not received an NSL that he most definitely had received some. I don't
know for sure, but, I'm pretty sure that's what it meant.

Not having received one, I have no gag order, so, I am free to tell you I
haven't received one.


This assumes that the new breed of NSL doesn't require you to deny
having received an NSL when questioned, unless you want to have some
nebulous obstruction of justice, yadda yadda, mail fraud charge waved
at you...

I've never received a NSL, just a few really badly written subpoenas. But
then I got out of the large-scale public ISP business a long time ago.

It'd take a heck of a gag order to compel the recipient to outright lie
about the fact that they are under a gag order; when directly questioned
on the subject -- you must refuse to answer. That doesn't mean you go
out of your to reveal the fact of the gag order, as in the above posts.


Kevin Kadow