As the so-called USA Freedom Act was making its way through Congress, we warned that it would do nothing to substantially curtail federal surveillance and could actually make things worse. It made things worse. A federal judge has “ruled” that provisions relating to national security letters (NSLs) – as amended by the USA Freedom Act – no longer violate the Constitution. Federal law enforcement agencies such as the FBI issue these administrative subpoenas with no judicial oversight to gather information for “national security purposes.” NSLs require the entity served to provide any information requested and they usually include gag orders prohibiting the recipient from revealing any information about the order. They can even prohibit the recipient from consulting with an attorney. In 2008, the Washington Post reported widespread abuse of national security letters by the FBI. “The FBI has increasingly used administrative orders to obtain the personal records of U.S. citizens rather than

Source: Congressional “Fix” Made Things Worse; Federal Judge Says National Security Letters Now “Constitutional” | Tenth Amendment Center