The
US Federal Bureau of Investigation (FBI) has withdrawn a secret demand
that the Internet Archive, an online library website, provide the agency
with a user's registered personal information after the Web site
challenged the records request in court.
The FBI sent a national security letter, or NSL, to the Internet Archive
in November and included a gag order barring site founder Brewster Kahle
from talking to anyone other than his lawyers about the request.
Kahle, the Electronic Frontier Foundation (EFF) and the American
Civil Liberties Union (ACLU) filed a lawsuit to challenge the subpoena,
arguing that the NSL program is unconstitutional, and the FBI withdrew
the NSL on April 22.
The settlement between the FBI and the Internet Archive allowed Kahle to
break the gag order, a standard part of an NSL request. The Internet
Archive's challenge of the NSL is only the third case that the ACLU is
aware of in which an NSL has been challenged in court, said Melissa
Goodman an attorney for the civil liberties group's National Security
Project.
The NSLs basically allow the FBI to demand extremely sensitive
personal information about innocent people without any prior court
approval, often in total secrecy, Goodman said.
The NSL program, expanded when Congress passed the antiterrorism Patriot
Act shortly after the Sept. 11, 2001, attacks on the U.S., allows the
FBI and other U.S. government agencies to issue administrative subpoenas
to US businesses for customer and other personal information.
Although the settlement keeps parts of the FBI request secret, Kahle
applauded the lawsuit and settlement, saying it will show other
businesses how to challenge NSLs. The FBI issued nearly 200,000 NSLs
between 2003 and 2006, according to a U.S. Department of Justice
inspector general's report.
The gag order prevented Kahle from discussing the case with the
library's board of directors, staff, and even his wife, he said. Gags
don't seem to be necessary, he said. Gagging librarians is
horrendous.
The NSL sent to the Internet Archive asked for a user's name, address,
length of service, e-mail header information and activity logs.
The Internet Archive provided the FBI some information that was publicly
available on the site, but could not comply with the FBI request because
the site does not track user activity or record IP (Internet Protocol)
addresses, said Kurt Opsahl, a senior staff attorney with the EFF. The
site asks only for an unverified e-mail address when users register.
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