Secret FBI demand for records that comes with a gag order preventing disclosure
A National Security Letter is an administrative subpoena issued by the FBI and other federal agencies that compels the recipient — typically a telecommunications company, internet service provider, or financial institution — to hand over customer records. NSLs do not require judicial approval and come with a built-in gag order that prohibits the recipient from disclosing that the request was made.
The use of NSLs exploded after the USA PATRIOT Act of 2001 lowered the standard for issuance. Between 2003 and 2006, the FBI issued nearly 200,000 NSLs. A 2007 Justice Department Inspector General report found widespread violations of NSL procedures, including cases where the FBI collected data it was not authorized to obtain.
NSLs represent a significant challenge to civil liberties because they operate almost entirely in secret. The person whose records are collected is never notified. The company that hands over the records cannot discuss the request. Judicial oversight is minimal at best. Several technology companies have fought NSL gag orders in court, and some now publish "warrant canaries" — statements confirming they have not received NSLs, with the removal of such a statement serving as an implicit signal.
