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Those actions were not the result of a national security letter. NSLs can only require the production of existing records. They cannot require the release of th
by tssva 4y ago
Those actions were not the result of a national security letter. NSLs can only require the production of existing records. They cannot require the release of the content of communications nor the collection of records which don't already exist. They must also specify the time period the records request covers which can only include up to the date the NSL was received.
- O__________O 4y agoAs I said, they’re related. That is All Writs Act is a United States federal statute, codified at 28 U.S.C. § 1651, which authorizes the United States federal courts to issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law. A writ is a form of written command in the name of a court or other legal authority to act, or abstain from acting, in some way. Also my understanding that the National Security Letters vendors can simply reissue them automatically to maintain persistent data feeds. Disclosing actions taken via All Writs Act to enable national security letters would likely be a disclosure of them similar to warrant canary.
- tssva 4y agoNSLs don't involve data feeds. The All Writs Act involves a judicial review and issuing of a judicial subpoena. A judicial subpoena may well involve ongoing data collection. NSLs are administrative subpoenas which aren't reviewed by the judiciary before being issued and limited in scope because of that. Actions taken "via All Writs Act" are not to enable NSLs.