IN RE NAT. SEC. LETTER

No. 16-16067, No. 16-16081, No. 16-16082.

863 F.3d 1110 (2017)

IN RE NATIONAL SECURITY LETTER, Under Seal, Petitioner-Appellant, v. Jefferson B. Sessions III, Attorney General, Respondent-Appellee. In re National Security Letter, Under Seal, Petitioner-Appellant, v. Jefferson B. Sessions III, Attorney General, Respondent-Appellee. In re National Security Letter, Under Seal, Petitioner-Appellant, v. Jefferson B. Sessions III, Attorney General, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 17, 2017.


Attorney(s) appearing for the Case

Andrew Crocker (argued), Nathan Cardozo , Lee Tien , Kurt Opsahl , Jennifer Lynch , David Greene , Cindy Cohn , and Aaron Mackey , Electronic Frontier Foundation, San Francisco, California; Richard Wiebe , Law Office of Richard R. Wiebe, San Francisco, California; for Petitioner-Appellants.

Lewis S. Yelin (argued), Scott R. McIntosh , and Douglas N. Letter , Appellate Staff; Brian Stretch , United States Attorney; Benjamin C. Mizer , Principal Deputy Assistant Attorney General; Civil Division, United States Department of Justice, Washington, D.C.; for Respondent-Appellee.

Before: Sandra S. Ikuta, N. Randy Smith, and Mary H. Murguia, Circuit Judges.


OPINION

In this case, we consider challenges to the constitutionality of the law authorizing the Federal Bureau of Investigation (FBI) to prevent a recipient of a national security letter (NSL) from disclosing the fact that it has received such a request. 18 U.S.C. § 2709(c). An NSL is an administrative subpoena...

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