176: NSL
Summary
Host Jack Rhysider interviews Nick Merrill, who recounts receiving a National Security Letter from the FBI demanding customer data without a warrant. Merrill, advised by the ACLU, sued the government, arguing the letter violated his First, Fourth, and Fifth Amendment rights. After years of litigation and government appeals, the FBI withdrew the letter to dismiss the case, though a settlement eventually lifted Merrill's gag order, allowing him to share this story of constitutional resistance.
Topics discussed
Intro: The origin of automatic telephone switching
Sponsors: ThreatLocker and Maze
Nick Merrill's background and interest in constitutional law
Founding Calix ISP and early internet adoption
Receiving the National Security Letter from the FBI
Analyzing the legality of the NSL and gag order
Filing Doe v. Ashcroft with the NYCLU
Sponsor: NetSuite
The legal battle, stays, and eventual settlement
Cindy Cohn and EFF's fight against NSLs
Legislative changes and the limits of litigation
Privacy by design and the Freely mobile service
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