Companies Don't Have a First Amendment Right to Talk About National Security Letters, Court Rules

["Dave Farber" <farber () gmail com>]

Begin forwarded message:

> From: Lauren Weinstein <lauren () vortex com>
> Date: July 17, 2017 at 6:18:31 PM EDT
> To: nnsquad () nnsquad org
> Subject: [ NNSquad ] Companies Don't Have a First Amendment Right to Talk About National Security Letters, Court Rules
>
>
> Companies Don't Have a First Amendment Right to Talk About National Security Letters, Court Rules
>
> http://gizmodo.com/companies-don-t-have-a-first-amendment-right-to-talk-ab-1796994847
>
>      The ruling is a major upset for Cloudflare and Credo, as well
>    as for larger tech companies that have begun disclosing NSLs
>    over the past year. Companies that receive NSLs are usually
>    restricted from discussing them for years--sometimes
>    forever--and, if they disclose them in transparency reports,
>    they may only do so in ranges of 500.  The EFF argued that
>    companies with millions of users should be allowed to disclose
>    the specific number of NSLs they receive and to mention their
>    experiences receiving NSLs when communicating with customers
>    or lobbying the government.  (While lobbying against NSLs in
>    2014, Cloudflare's in-house counsel was told by a dismissive
>    Capitol Hill staffer that it was impossible for Cloudflare to
>    receive an NSL, and because of the gag order, he was unable to
>    point out that Cloudflare had already received several of the
>    letters.)  "I'd be lying if I didn't say this is a real
>    setback," EFF staff attorney Andrew Crocker told Gizmodo. "But
>    the trend is going the other way. I've seen a lot of courts
>    questioning these blanket indefinite gag orders."



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