Doe v. Gonzales

449 F.3d 415 (2006)

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Doe v. Gonzales

United States Court of Appeals for the Second Circuit
449 F.3d 415 (2006)

MJ

Facts

Following the attacks on September 11, 2001, Congress amended the Electronic Communications Privacy Act of 1986 (ECPA) with the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (PATRIOT Act). Under the PATRIOT Act, the Federal Bureau of Investigation (FBI) (defendant) could issue national security letters (NSLs) to certain internet providers. NSLs were subpoenas that allowed the FBI to gain certain information related to authorized terrorism investigations or other intelligence activities. Under the PATRIOT Act, no recipients of NSLs could disclose to any person that they had received the letters. A group of providers (plaintiffs) who received NSLs sued the government (defendant), claiming that the provisions governing NSLs violated the First Amendment. Two district courts agreed. However, Congress then passed the USA PATRIOT Improvement and Reauthorization Act of 2005 (Reauthorization Act), which amended the provisions governing NSLs. Under the Reauthorization Act, recipients of NSLs were expressly allowed to speak to attorneys to obtain legal advice regarding the request for information.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

Concurrence (Cardamone, J.)

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