Saturday | 6 September, 2008
Computerworld
Internet Archive challenges FBI's secret records demand
"Gagging librarians is horrendous" says Internet Archive founder
Grant Gross (IDG News Service) 08/05/2008 07:57:58

Additional Resources
Executive Guides
Whitepapers
Zones
Zone logoZones provide focussed content from Computerworld and leading technology partners.

Newsletter Subscription

Sign up for our Computerworld newsletters!
Computerworld's twice-daily news service keeps you in touch with the latest, most important headlines from Australia and around the world.
Keep up with the latest virtualisation technologies, products, news and features.
RSS Feeds

The US Federal Bureau of Investigation has withdrawn a secret demand that the Internet Archive, an online library, provide the agency with a user's personal information after the Web site challenged the records request in court.

The FBI sent a national security letter, or NSL, to the Internet Archive in November and included a gag order barring site founder Brewster Kahle from talking to anyone other than his lawyers about the request. Kahle, the Electronic Frontier Foundation (EFF) and the American Civil Liberties Union (ACLU) filed a lawsuit to challenge the subpoena, arguing that the NSL program is unconstitutional, and the FBI withdrew the NSL on April 22.

The settlement between the FBI and the Internet Archive allowed Kahle to break the gag order, a standard part of an NSL request. The Internet Archive's challenge of the NSL is only the third case that the ACLU is aware of in which an NSL has been challenged in court, said Melissa Goodman an attorney for the civil liberties group's National Security Project.

"The NSLs basically allow the FBI to demand extremely sensitive personal information about innocent people without any prior court approval, often in total secrecy," Goodman said Wednesday.

The NSL program, expanded when Congress passed the antiterrorism Patriot Act shortly after the Sept. 11, 2001, attacks on the US, allows the FBI and other US government agencies to issue administrative subpoenas to US businesses for customer and other personal information.

FBI Assistant Director John Miller issued a statement about the case Wednesday. "The information requested in the national security letter was relevant to an ongoing, authorized national security investigation," he said. "National security letters remain indispensable tools for national security investigations and permit the FBI to gather the basic building blocks for our counterterrorism and counterintelligence investigations."

Although the settlement keeps parts of the FBI request secret, Kahle applauded the lawsuit and settlement, saying it will show other businesses how to challenge NSLs. The FBI issued nearly 200,000 NSLs between 2003 and 2006, according to a US Department of Justice inspector general's report.

"We see this as an unqualified success," Kahle said during a news conference. "The goal here was to help other recipients of NSLs ... understand that you can push back on these."

Market Place

Computerworld Member Login


 

Prioritizing Services with IT Service Management (ITSM)

Computerworld Live Webinar
Wednesday 20th, August 2008
11:00am EST (Sydney, Australia)

To be repeated on:

Thursday 4th, September 2008
11:00am EST (Sydney Australia)

Sign up and receive a free copy of The Forrester WaveTM Service Desk Management Tools, Q2 2008 at the conclusion of the Webinar.

Attend and discover:

  • How to deliver value to your business through ITSM
  • Best practice ITSM implementation
  • Why emphasis is changing from optimizing IT management processes to better servicing customers and demonstrating real dollar value
  • If service-oriented ITSM is best for your business
Whitepaper

Microsoft 2008 Mission Critical IT

To help you deploy the new Microsoft '08 technologies into your mission-critical environments, EMC and Microsoft have developed and validated a number of reference architectures. Discover the benefits of leveraging these skills.

Enterprise IT Buyer's Guide
Find Technology Vendors Fast
 
Find vendors by name | Find by category
Sponsored Links