Patriot Act – Appeal of Gag Order Rejected

Justice Ginsberg, who hears emergency appeals from the Second Circuit, has rejected an appeal from a library organization who sought to disclose the receipt of a National Security Letter it had received from the FBI. National Security Letters, are secret subpoenas issued by the FBI under the Patriot Act. These letters may not be disclosed by the recipient, even to the recipient’s attorney. The library association sought to disclose the existence of the letter to Congress so that Congress could factor these letters, and the information they sought, into their consideration of the reauthorization of the Patriot Act. Justice Ginsberg refused to rule on the appeal holding that the Second Circuit was considering the matter in timely manner. This issue is important since it reinforces the need to have a subpoena / request of information policy in place prior to receipt of requests like this, since you may not be able to ask your attorney for advice upon receipt of such a letter. News.com “police blotter” article