A U.S. judge has ruled that Google Inc. must comply with the FBI's warrantless demands for customer data, rejecting the company's argument that the government's practice of issuing such requests to telecommunication companies, Internet service providers, banks and others is unconstitutional and unnecessary.
FBI counter-terrorism agents began issuing the secret, so-called national security letters, which don't require a judge's approval, after Congress passed the USA Patriot Act in the wake of the Sept. 11, 2001, attacks.
The letters are used to collect unlimited kinds of sensitive, private information such as financial and phone records, and they have prompted complaints of government privacy violations in the name of national security.
U.S. District Court Judge Susan Illston on Tuesday ordered Google to comply with the demands, even though she found the letters unconstitutional in March in a separate case filed by the Electronic Frontier Foundation. In that case, she found that the FBI's demand that recipients refrain from telling anyone—including customers—that they had received the letters was a violation of free speech rights.
The order in the Google case obtained by The Associated Press on Friday.
It was unclear from the judge's ruling what type of information the government sought to obtain with the letters. It was also unclear whom the government was targeting.
The judge put the Google ruling on hold until the 9th U.S. Circuit Court of Appeals can decide the matter. Until then, she said, the company would have to comply with the letters unless it shows the FBI didn't follow proper procedures in making its demands for customer data in the 19 letters Google is challenging.
After receiving sworn statements from two top-ranking FBI officials, the judge said she was satisfied that 17 of the 19 letters were issued properly. She wanted more information on two other letters.
Google could appeal the decision. The company declined comment.
Kurt Opsah, an attorney with the Electronic Frontier Foundation, said it could be many more months before the appeals court rules on the constitutionality of the letters.
"We are disappointed that the same judge who declared these letters unconstitutional is now requiring compliance with them," Opsah said.
The judge's order omits any mention of Google or that the proceedings have been closed to the public. But the judge said "the petitioner" was involved in a similar case filed on April 22 in New York federal court.
Public records show that on that day, the federal government filed a "petition to enforce National Security Letter" against Google after the company declined to cooperate with government demands.
In 2007, the Justice Department's inspector general found widespread violations in the FBI's use of the letters, including demands without proper authorization and information obtained in non-emergency circumstances. The FBI has tightened oversight of the system.
The FBI made 16,511 national security letter requests for information regarding 7,201 people in 2011, the latest data available.
Explore further:
FBI snooping tactic ruled unconstitutional (Update)
ScooterG
cantdrive85
dan42day
Paranoid thinking is a form of mental illness, and mental illness is one of the leading causes of dangerous behavior. Fortunately, along with the power to inspect people's electronic communications and data storage, domestic drones and other ever increasing video surveillance, rapidly improving facial recognition and other tracking software, the president has recently earmarked $100 million to study the "enormous mystery" of the human brain. Soon mental illness will be predictable and detectible so that persons suffering from paranoia or other anti-social thoughts can be detained and/or treated before they become a danger to society or themselves.
A wonderful world where we all enjoy freedom from fear awaits us.
freethinking
Unfortunately, if you want to be under the FBI, DOJ, IRS, Homeland security, watch list all you need to do is query, how to home school your child, pro-life, patriot, conservative,
http://www.mcclat...Butjwl8E
Can anyone assure me that the Hezbollah Progressives will not use Obama care as they have used the DOJ, IRS, DOE, against enemies of Progressives? Why would they not deny medical care to a conservative, someone who goes to the wrong church, who has too many children, who doesn't support perverted progressive causes like gay marriage. Hezbollah Progressives have shown they are more than willing to use government agencies against their enemies.
freethinking
How long do you think the Hezbollah Progressives will tolerate the dangerously mentally ill to exercise their constitutional rights, such as freedom of religion, freedom of speech, second amendment rights?
Matthewwa25
ValeriaT
TROJAN HORSE
dan42day
In order to achieve this, they are building an enormous internal surveillance system the likes of which has never been seen before, and dismantling elements of our bill of rights that have stood for generations. This system may very well prevent acts of terrorism saving thousands of lives. It may also help our environment by detecting improper recycling methods, save billions in health care expenses by detecting "unhealthful activities", stop crime and generate revenue by detecting illegal activities that can generate fines, and root out unpatriotic individuals, depending on who controls it.
Very scary!
addvaluejack
Stevepidge
alfie_null
derfolo
Absolutely correct. And let's see...who passed the Patriot Act? And when? Worst legislation ever, and an embarrassment to American ideals and principles.
Stevepidge
freethinking
So what should conservatives or anyone who believes in the constitution do? Press for smaller government, government with less power, a government for the people and not for public service unions, special interests groups, and those who want to control everything we do.
zaxxon451
We elect corporate shills. Nothing more, nothing less. Any "choice" we have through voting is pure farce.
VendicarE
Quite incorrect. Americans can change their country overnight by electing appropriate leaders.
What is Farce, is that the American people are too stupid to vote rationally and in their own best interest.
The American state will continue it's economic and social collapse.
VendicarE
As long as Americans have one set of laws for themselves and another set for everyone else, they will continue to be a hated nation of hypocrites and Republican scumbags.
VendicarE
"If you think that government is not here for your good, if you think that the government will use the IRS, DOJ, etc against conservatives, if you do not support and affirm perverted sexual practices, you are, according to the Hezbollah Progressives dangerously mentally ill." - FreeTard
I can think of no better group to target for tax evasion than those Conservative Groups that promote tax evasion.
How dare the IRS target TeaPublican tax cheats.
zaxxon451
Who passed NAFTA? Cliinton. Who repealed the Glass-Stegall Act? Clinton. Who enacted Welfare Reform? Clinton. Who continues the George W. Bush foreign policy? Obama. What does Obama have to say about holding banks and wall-street responsible for the financial collapse? Nothing.
Corporations write our legislation and bankroll our elected officials, Republican and Democrat.
freethinking
Zaax, I agree with you that large corporation support both repub and dems. which is why we need smaller government.
freethinking
http://washington.../2530992
JohnGee
zaxxon451
Exxon would agree with you.
Smaller government isn't the solution to our problems. A government that works for the people is the solution. But I'm not sure if that's possible anymore.
freethinking
I've not known a big corporation to support smaller government. Big government always favors large corporations like Exxon over smaller companies. Back room payoffs, protection against smaller, nimbler and more environmentally friendly companies. If they do break the law, they use government power to their advantage.
Small government has less to give to big corporations.
freethinking
zaxxon451
freethinking
My businesses cannot sell a product to all states, because the cost of compliance would exceed any profit. The regulations are nothing but paperwork and paying fee's. No one would check the product, no proof is needed that I filled out the paper work correctly. Large companies in China can afford to fill out and maintain the paper work, keep on top of paying the small fees, etc.
My company has been audited by two agencies, both times with flying colors. However it took one auditor needed over 6 weeks to make sure we were following the rules as they were that complex.
An auditor told me of how the government is fining a 80yr old man over $80K for not filling out correctly a form for a hobby job he had. The man made no money on this job, no more taxes would have been collected, no fraud intended, but he is destroyed now.
zaxxon451
Totally disagree. Why are companies shipping jobs overseas? To avoid the regulations imposed by our government to protect our workforce. Minimum wages, environmental regulations, worker safety laws do not exist in many countries overseas and our corporations are quick to take advantage of this fact. As recent disasters in the fabric factories of Bangladesh have shown. The race to the bottom began with NAFTA.
zaxxon451
freethinking
Regulations need to make sense, need to be as minimal as possible, and shouldn't be there just to keep unionized public servants (actually masters) in a job.
When I started a business a government worker said I should be privileged to be allowed to start a business..... If I was on the ball I would have retorted, you are privileged to be taking the paper work for me. ....
zaxxon451
JohnGee
freethinking
When your kids fear taking a small plastic toy to school and getting expelled, the government owns you.
When the government destroys you for an innocent inconsequential mistake on some paperwork the government owns you.
When the TSA grope grandma, babies, and terrified children, the government owns you.
When government workers, get paid more and receive better benefits than the average joe, plus can't get fired (actually they get promoted), for bad work, when they can destroy your business and your life, the government owns you.
When the government fears the people, you have liberty.... when the people fear the government you have tyranny.