The FBI sent a national security letter, or NSL, to the Internet Archive in November and included a gag order barring site founder Brewster Kahle from talking to anyone other than his lawyers about the request. Kahle, the Electronic Frontier Foundation (EFF), and the American Civil Liberties Union (ACLU) filed a lawsuit to challenge the subpoena, arguing that the NSL program is unconstitutional, and the FBI withdrew the NSL on April 22.

The settlement between the FBI and the Internet Archive allowed Kahle to break the gag order, a standard part of an NSL request. The Internet Archive’s challenge of the NSL is only the third case that the ACLU is aware of in which an NSL has been challenged in court, said Melissa Goodman an attorney for the civil liberties group’s National Security Project.

Quoting from Brewster’s official press release:

“The free flow of information is at the heart of every library’s work. That’s why Congress passed a law limiting the FBI’s power to issue NSLs to America’s libraries,” said Brewster Kahle, founder and Digital Librarian of the Internet Archive. “While it’s never easy standing up to the government — particularly when I was barred from discussing it with anyone — I knew I had to challenge something that was clearly wrong. I’m grateful that I am able now to talk about what happened to me, so that other libraries can learn how they can fight back from these overreaching demands.”

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Internet Archive founder and digital librarian Brewster Kahle

(Credit: Internet Archive)

Tags: civil liberties union, electronic frontier foundation, gag order, internet archive, nsl, patriot act, public civil liberties, secret government