Since the first national security letter (NSL) statute was passed in 1986, the FBI has issued hundreds of thousands of such letters seeking the private telecommunications and financial records of Americans without any prior approval from courts. In addition to this immense investigatory power, NSL statutes also permit the FBI to unilaterally gag recipients and prevent them from criticizing such actions publicly. This combination of powers -- to investigate and to silence -- has coalesced to permit the FBI to wield enormous power and to operate without meaningful checks, far from the watchful eyes of the judicial branch. Not surprisingly, this lack of checks has contributed to a dramatic expansion in the use of these tools across the country. Indeed, for the period between 2003 and 2006 alone, almost 200,000 requests for private customer information were sought pursuant to various NSL statutes. Prior to 2011, the constitutionality of this underlying legal authority to investigate the records of Americans without court oversight was challenged in court -- as far as we know -- exactly one time.
Institution: Electric Frontier Foundation