From The Dissident Voice
By Tom Burghardt

When the Internet Archive, a project founded in 1996 to create a digital library of the web, was served an illegal National Security Letter (NSL) by the FBI, Archive founder and Digital Librarian, Brewster Kahle, did what any self-respecting defender of free expression would do: he got pissed.

But Kahle did more. He sued the FBI–and won. After a legal challenge from the American Civil Liberties Union (ACLU) and the Electronic Frontier Foundation (EFF) in federal district court in San Francisco, the Bureau was forced to withdraw the NSL and unseal the case, allowing the Archive’s founder to speak out about his battle with autocratic Bushist agents.

The NSL was served on the Archive–a library recognized as such by the state of California–and Kahle’s attorneys in November 2007. The Bureau demanded personal information about one of the library’s patrons, including the individual’s name, address, and any electronic communication records pertaining to the user.

A National Security Letter, an onerous tool deployed by the Bureau to root out suspected “terrorists” and other malefactors, is a covert means by which the state obtains access to personal customer records from Internet Service Providers, banks, other financial institutions and credit reporting agencies without the approval of a judge. In other words, under the guise of a “national security investigation,” NSLs are very sharp hooks for government fishing expeditions.

Recipients are gagged from ever disclosing they have come under the Bureau’s baneful gaze. And since the passage of the viral Patriot Act in 2001 by a servile Congress, the use of these illegal procedures have fed the FBI’s seemingly insatiable demand for private records. Wired magazine reports that between 2003-2006 the Bureau has issued some 200,000 NSLs, often without a shred of legal justification for doing so, nor oversight to rein in their misuse.

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