美法官裁定FBI以國家安全名義獲取用戶信息違憲

美國一位法官近日裁定美國聯邦調查局（FBI）向電信公司發國家安全信函要求獲取用戶信息的行爲違背憲法，要求其停止該行爲。不過，這一裁決要等到90天的上訴期結束以後才能生效。加利福尼亞一家電信公司的首席執行官表示，這一裁決是“自小布什簽署《愛國者法案》以來最重要的一次憲法維權勝利，從這一天起，美國政府在沒有法庭監督情況下通過國家安全信函獲取個人信息以及侵犯信函接收者第一修正案權利的行爲將被叫停”。國家安全信函（national security letters，NSLs）是911以後美國政府反恐舉措的重要一部分。去年，聯邦調查局共向7000多名美國人發出超過1.6萬封涉及個人信息的國家安全信函，內容多與金融、網絡或電話記錄有關。之前也有庭審案件指責聯邦調查局濫用國家安全信函條款獲取與反恐無關的個人信息。

Credo Mobile speaks out after judge orders US government to stop issuing 'national security letters' to access citizens' data.

The Californian telecoms company thought to be behind a stunning court victory that has blown a hole in the FBI's highly secretive system for collecting US citizens' private data has hailed the "significant" legal breakthrough.

Credo, based in San Francisco, spoke out after a federal judge ordered the US government to stop issuing what are called "national security letters" – demands for data that contain in-built gagging clauses that prevent the recipients disclosing even the existence of the orders or their own identity.

Michael Kieschnick, chief executive of Credo Mobile, hailed the judge's order as "the most significant court victory for our constitutional rights since the dark day when George W Bush signed the Patriot Act".

It is extremely rare for a telecoms company to challenge the system of national security letters, or NSLs, which have mushroomed since 9/11 under the Patriot Act. Credo, a subsidiary of Working Assets Inc, that directs some of its profits to support civil liberties groups, has been a long-standing advocate for reform of the NSL.

In her ruling, Judge Susan Illston declared the NSLs unconstitutional as they breached the first amendment rights of the parties being served the orders.

Kieschnick said: "This decision is notable for its clarity and depth. From this day forward, the US government's unconstitutional practice of using national security letters to obtain private information without court oversight and its denial of the first amendment rights of national security letter recipients have finally been stopped by our courts."

NSLs have been an increasingly important part of the US government's approach to counter-terrorism, though their growing use has been matched by mounting unease on the party of civil libertarians.

Last year the FBI sent out more than 16,000 of the letters relating to the private data – mainly financial, internet or phone records – of more than 7,000 Americans.

Previous court action has led to the FBI being accused of abusing its powers under the NSL statute by issuing the letters far more extensively than in the limited counter-terrorism situations for which they were devised.

The letters are among the most secretive tools of any deployed by the US state. The demand for data comes with a gagging order attached – meaning that the recipient of the NSL is not allowed even to discuss the letter in public.

As an additional affront, civil liberties groups say, the FBI is allowed to issue the letters without approval from a judge. Only the green light of a local FBI chief is required.

The judge's order will not go into immediate effect as she built in a 90-day delay to allow the government to appeal. The telecoms company was represented in the case by the Electronics Frontier Foundation, a non-profit group that advocates for public rights in the digital world. In a statement, the EFF's senior staff attorney Matt Zimmerman said the court order had exposed the constitutional shortcomings of the NSLs.

"The government's gags have truncated the public debate on these controversial surveillance tools. Our client looks forward to the day when it can publicly discuss its experience."

The foundation's legal director Cindy Cohn added that the judge had also highlighted the first amendment as a protection for the public against executive surveillance power. "The NSL statute has long been a concern of many Americans, and this small step should help restore balance between liberty and security."