A US district court has struck down an 11-year-old gag order imposed by the FBI on Nicolas Merrill , the former head of a small internet service provider. Originally issued in 2004, it forbade Merrill from revealing that he’d received a so-called national security letter (NSL), a warrantless demand for customer data. The Electronic Frontier Foundation believes about 300, 000 such letters have been sent since the Patriot Act was enacted in 2001, but the decision signals the first time that a gag order has been lifted. “Courts cannot, consistent with the First Amendment, simply cannot accept the Government’s assertions that disclosure would… create a (public) risk, ” said Judge Victor Marrero. With the Patriot Act, Congress handed the FBI, NSA and other agencies the authority to demand phone and email records — but not their contents — from service providers, email services or social networks like Facebook . All it had to do was write a letter, sans warrant, saying it needed the data for national security reasons. On top of that, it usually gagged companies from revealing they even received NSLs, saying such disclosure could hamper investigations. Merrill was the first person to challenge a gag order and never complied with the FBI’s original request for his customer’s information. Though his internet company ceased operations long ago, he created the Calyx Institute to inform the public about digital privacy and help other service providers build it into their products. In a Washington Post opinion piece, he said he the ongoing gag order had become a burden since he now speaks about privacy issues in public. Proud to announce that I have won in federal court AGAIN and that my 11yr old #NSL gag order has been struck down https://t.co/0CrvNh1Cau — Nicholas Merrill (@nickcalyx) September 14, 2015 Earlier this year, the White House said that NSL gag orders must be lifted after three years or the close of an investigation, whichever comes first. Unfortunately, the decision wasn’t applied retroactively, so the FBI kept Merrill muzzled, even though its case against his client ended prior to 2010. Merrill said the agency isn’t motivated by legitimate national security concerns, but rather “a desire to insulate (itself) from public criticism and oversight.” Earlier this year, Merrill was granted permission to inform his customer that he’d been targeted by the feds. Unless the government appeals within 90 days, he’ll soon be free to disclose exactly which records the FBI ordered him to give up. “I hope today’s victory will finally allow Americans to engage in an informed debate about proper the scope of the government’s warrantless surveillance powers, ” he said. [Image credit: Getty Images] Filed under: Science Comments Via: The Intercept Source: US District Court , Nicholas Merrill (Twitter) Tags: FBI, GagOrder, NationalSecurityLetter, NicholasMerrill, NSL, privacy
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ISP wins 11-year battle to reveal warrantless FBI spying
msm1267 writes: Poorly secured satellite-based Internet links are being abused by nation-state hackers, most notably by the Turla APT group, to hide command-and-control operations, researchers at Kaspersky Lab said today. Active for close to a decade, Turla’s activities were exposed last year; the Russian-speaking gang has carried out espionage campaigns against more than 500 victims in 45 countries, most of those victims in critical areas such as government agencies, diplomatic and military targets, and others. Its use of hijacked downstream-only links is a cheap ($1, 000 a year to maintain) and simple means of moving malware and communicating with compromised machines, Kaspersky researchers wrote in a report. Those connections, albeit slow, are a beacon for hackers because links are not encrypted and ripe for abuse. Read more of this story at Slashdot. 
New submitter club77er writes with a link to a DSL Reports article outlining some hefty subsidies (about $3 billion, all told) that CenturyLink has signed up to receive, in exchange for expanding its coverage to areas considered underserved: According to the CenturyLink announcement, the telco will take $500 million a year for six years from the Federal Communications Commission (FCC)’s Connect America Fund (CAF). In exchange, it will expand broadband to approximately 1.2 million rural households and businesses in 33 states. While the FCC now defines broadband as 25 Mbps down, these subsidies require that the deployed services be able to provide speeds of at least 10 Mbps down. Read more of this story at Slashdot. 
