JOHN DOE, INC., John Doe, American Civil Liberties Union, American Civil Liberties Union Foundation, Plaintiffs-Appellees,
v.
Michael B. MUKASEY, in his official capacity as U.S. Attorney General of the United States, Robert Mueller, in his official capacity as Director of the Federal Bureau of Investigation, Valerie E. Caproni, in her official capacity as General Counsel of the Federal Bureau of Investigation, Defendants-Appellants.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Heard: August 27, 2008.
Decided: December 15, 2008.
Attorney(s) appearing for the Case
Gregory G. Katsas, Asst. Atty. General, Washington, D.C. (Jeffrey S. Bucholtz, Acting Asst. Atty. General, Jonathan F. Cohn, Deputy Asst. Atty. General, Douglas N. Letter, Scott R. McIntosh, U.S. Department of Justice, Washington, D.C.; Michael J. Garcia, U.S. Atty., Jeffrey Oestericher, Benjamin H. Torrance, Asst. U.S. Attys., New York, N.Y., on the brief), for Defendants-Appellants.
Jameel Jaffer, New York, N.Y. (Melissa Goodman, L. Danielle Tully, American Civil Liberties Union Foundation, New York, N.Y.; Arthur N. Eisenberg, New York Civil Liberties Union Foundation, New York, N.Y., on the brief), for Plaintiffs-Appellees.
(Claire E. Coleman, Brune and Richard LLP, New York, N.Y.; Peter Barbur, Ass'n of the Bar of the City of New York, N.Y., submitted a brief for amicus curiae The Ass'n of the Bar of the City of New York, in support of Plaintiffs-Appellees.).
(Meredith Fuchs, National Security Archive, George Washington University, Washington, D.C.; Marcia Hofmann, Electronic Frontier Foundation, San Francisco, Cal., submitted a brief for amici curiae National Security Archive and Electronic Frontier Foundation, in support of Plaintiffs-Appellees.).
(Theresa A. Chmara, Brian Hauck, Anne E. Ralph, Jenner & Block LLP, Washington, D.C., for amici curiae American Library Ass'n, et al., in support of Plaintiffs-Appellees.).
Before: NEWMAN, CALABRESI, and SOTOMAYOR, Circuit Judges.
United States Court of Appeals, Second Circuit.
JON O. NEWMAN, Circuit Judge:
This appeal concerns challenges to the constitutionality of statutes regulating the issuance by the Federal Bureau of Investigation ("FBI") of a type of administrative subpoena generally known as a National Security Letter ("NSL") to electronic communication service providers ("ECSPs"). See 18 U.S.C. §§ 2709, 3511 (collectively "the NSL statutes"). ECSPs are typically telephone companies or Internet service providers...
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