An ISP has released the first unredacted National Security Letter attachment ever made public, exposing just how much access US law enforcement asks for in its secretive letters. In 2004, the FBI requested that Nicholas Merrill and his former ISP, the Calyx Internet Access Corporation, submit anything considered an "electronic communication transactional record," and it didn't clarify the vague wording. The agency did, however, explicitly list some examples for Merrill to go off, including his complete web DSL account information, including subscriber information and account numbers, along with his internet service provider and other personal data. He also received, like nearly all other NSL targets, a gag order with the letter, which he directly challenged in his court case.
National Security Letters are controversial among privacy advocates because of their broad powers and minimal oversight. The FBI sends the letters whenever senior officials deem necessary, but no court approval is involved. Although the legal weight of the letters is unclear, the agency's intimidation tactics typically work, said Andrew Crocker, staff attorney at the Electronic Frontier Foundation in an interview with The Verge. Recipients comply, especially when they’re bound to silence and can’t discuss the terrifying letter they just received. "More transparency is really needed, and not just [around] what [the FBI] can get and how many they issue," Crocker said. The gag order and lack of judicial opinions over their constitutionality particularly need to be rethought, he said. Merrill's case is a start.
