3 ms·
Re "no judicial review": that is one of the big concerns about national security letters though, the lack of judicial review; I read the Wikipedia page you link
by perennate 6y ago
Re "no judicial review": that is one of the big concerns about national security letters though, the lack of judicial review; I read the Wikipedia page you linked and it says, even after the Doe v. Ashcroft case, "there is still no requirement to seek judicial approval for the FBI issuing an NSL". Per the EFF [1], the change was to give "technology companies a right to request judicial review of the gag orders accompanying NSLs", but companies must issue a reciprocal notice to trigger this procedure. The EFF advocates that the government should "bear the complete burden of going to court and proving the gag is truly necessary"; but currently that is not the case.
[1] https://www.eff.org/deeplinks/2017/07/requiring-judicial-review-every-gag-order-simple-way-have-our-backs-apple-does https://www.eff.org/deeplinks/2017/07/requiring-judicial-rev...
I agree that it is a night and day comparison, the fact that the legality of this process is even argued in the courts is evidence of that, but national security letters are today still deeply problematic.