In today's ruling, the court held that the gag
order provisions of
the statute violate the First Amendment
and that the review procedures violate
separation of powers.
Because those provisions were not separable from the
rest of
the statute, the court declared the entire statute
unconstitutional.
In addressing the concerns of the service
provider, the court noted:
"Petitioner was adamant about its
desire to speak publicly about the fact that
it received the
NSL at issue to further inform the ongoing public
debate."
"The First Amendment prevents the government from silencing
people
and stopping them from criticizing its use of
executive surveillance power,"
said EFF Legal Director Cindy
Cohn. "The NSL statute has long been a concern of
many
Americans, and this small step should help restore balance
between
liberty and security."