In re Nat'l Sec. Letter, 33 F.4th 1058 (9th Cir. 2022)

Abstract

Electronic communication service provider recipient of NSL petitioned under the National Security Letter Statute, to set aside FBI request for subscriber information and nondisclosure requirement. N.D.C.A. (930 F.Supp.2d 1064) found that the nondisclosure provisions of the statute violated First Amendment and separation of powers. Subsequently vacated based on extensive changes made to the statute, and on remand the District Court found the statute to be constitutional. On appeal, Circuit Judge Ikuta (concurrency by Chief Judge Murguia) held: (1) nondisclosure requirement was content based on its face; and (2) nondisclosure requirement did not, taken as a whole, violate free speech rights of recipients. Case consolidated with 33 F.4th 1058 (9th Cir. 2022) [below]