Former Internet Provider Gagged by National Security Letter Recounts How He Was Silenced for 6 Years

[limpyhobbler]

AMY GOODMAN: We continue our discussion of the shutdown of Lavabit, Edward Snowden’s email provider. We’re now joined by someone who was under an FBI gag order for six years after receiving a national security letter that ordered him to hand over detailed private records about some his customers. In early 2004, an FBI agent visited Nicholas Merrill, who was running an Internet service provider in New York called Calyx. Under the law, recipients of the letters are barred from telling anyone about their encounter with the FBI.

While Nicholas Merrill was not the first American to be gagged after receiving a national security letter, an NSL, he was the first to challenge the FBI’s secret tactics. After receiving the national security letter, Merrill went to the American Civil Liberties Union, which then filed the first lawsuit challenging the national security letter statute. In the lawsuit, Nick Merrill was simply identified as "John Doe." It was only in August 2010, after reaching a settlement with the FBI, that Merrill was able to reveal his identity.

Nick Merrill, we welcome you back to Democracy Now! Still with us, Ladar Levison, founder, owner and operator of Lavabit, which he just shut down, and his lawyer, Jesse Binnall. They’re both joining us from Washington.

Nick, as you listened to the story of our guest, of Ladar Levison, talk about what you received and what that caused you to do, this NSL.

NICHOLAS MERRILL: I got a visit, personally, from an FBI agent in my offices in 2004. The agent delivered to me a letter, and the letter demanded that I hand over a lot of information about one of the clients of the company. It caused me great concern, because the first thing that sort of really shocked me was that this was not a court order. This was a letter from the FBI signed by an attorney. And it seemed to me that it was not a legal order, and it seemed that it was pretty clearly not constitutional on its face. The FBI had not gone to court. It had not proven probable cause before a judge. And so, the other problem, though, with the letter was that it told me that I could never tell any person that I had received the letter, which pretty obviously precluded me from speaking to a lawyer or to anyone else in my company or to anyone about it. And I was quite afraid to disobey the letter. But after I took a bit of time and thought about it, I decided, you know, we always have the right to speak to an attorney, so I called my private attorney. We then went together to the ACLU, and then we ended up embroiled in this really long court saga which has lasted almost seven years.
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http://www.democracynow.org/2013/8/13/former_internet_provider_gagged_by_national

[dotymed]

1. Too bad that all

Americans are not like this.
Most put profit first and that is a big part of our problem.
Thank you for being real Americans.

[Half-Century Man]

2. At 2:57 Central standard time on 8-13-13 video died.

USA USA USA USA.....er... NSA NSA NSA

[Electric Monk]

3. Video plays fine for me (k&r)

[Half-Century Man]

4. I'll get back to it then

Just thought it was funny,timing wise.

[nashville_brook]

5. k and r

[Quantess]

6. Interesting video!