Library sues FBI over NSL.

• Author: Swartz, Nikki
• Position: UP FRONT: News, Trends & Analysis - Federal Bureau of Investigation - National security letter

In a rare move, the Federal Bureau of Investigation (FBI) has decided to withdraw its request for data on a digital library's patron.

After receiving a secret administrative order, called a national security letter (NSL), from the FBI requesting the name, address, and online activity of a patron, the San Francisco-based Internet Archive sued to block the action, according to The Washington Post.

By law, NSLs do not require judicial approval, and their recipients are not allowed to disclose that they have even received such an order. The Post said the use of NSLs increased after the 9/11 terrorist attacks; currently, the FBI issues about 50,000 annually.

The Internet Archive works with national libraries, museums, and universities to offer free access to a variety of materials. One of its unique features is the Wayback Machine, which stores archived versions of websites (www.archive.org/web/web.php). The FBI, CIA, federal prosecutors, and other law enforcement officials have regularly turned to the archive for information, especially from the Wayback Machine.

The FBI served the Internet Archive with the NSL in November 2007. The nonprofit library challenged the NSL, based on a provision of the reauthorized USA Patriot Act, which protects libraries from such demands, according to the Post. The library's suit also alleged that the gag order accompanying the data demand violated the U.S. Constitution. The Electronic Frontier Foundation represented the library in the suit, which was joined by the American Civil...