9th Circ. Says Courts Needn't Initiate Security Letter Reviews

By Lauren Berg (May 26, 2022, 7:36 PM EDT) — District courts aren’t required to periodically review the appropriateness of indefinite restrictions preventing companies from disclosing to customers that the FBI has secretly requested their records, the Ninth Circuit ruled Thursday, but corporate recipients of these “national security letters” can ask for review as often as they’d like.

The three-judge panel in a 12-page published opinion affirmed a district court’s order keeping a national security letter recipient’s nondisclosure requirement in place and declining to schedule a future review of whether the requirement is still needed, finding that nothing in the relevant law compels district courts to schedule periodic judicial review in…

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