NSL's [was TrueCrypt]

grarpamp grarpamp at gmail.com
Fri May 30 11:25:33 PDT 2014


> Have NSLs held up in court against the First Amendment?

> It's already constitutional that freedom of speech cannot be prevented
> except to prevent immediate, tangible harm to others.
> If you want
> to challenge them, publish one on your blog and say "sue me, let's see what
> the supreme court says".

This above is exactly one of the key issues. Either
- You have the right to speak freely under the 1st, or you don't.
- NSL's are 4th compliant warrants, or common orders/subpoenas,
having all been reviewed and issued by a judge having jurisdiction,
subject to challenge, etc... or they aren't.
- The FISA court is a proper court established, operating and
regulated under the judicial branch, beholden to the Supreme, or it isn't.

Some say: You do, they're toilet paper, it's legislative or executive.
With thousands of letters issued there are similarly many chances
to challenge it, yet so far it seems only a few have started on the
direct route and everyone else seems too chicken. That ratio could
really be improved.

[For the schemers, and though not really a proper stand up fight,
there are probably even a few dual citizens who have received
them who could just as happily relocate back home offshore
and publish (if not fight) from there. You at least retain the first
person perspective that way.]

https://en.wikipedia.org/wiki/National_Security_Letter
http://www.law.cornell.edu/wex/first_amendment
http://www.law.cornell.edu/wex/fourth_amendment
https://en.wikipedia.org/wiki/United_States_Foreign_Intelligence_Surveillance_Court
https://en.wikipedia.org/wiki/Patriot_Act



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