Calyx Institute: “A federal district court has ordered the FBI to lift an eleven-year- old gag order imposed on Nicholas Merrill [document is redacted] forbidding him from speaking about a National Security Letter (“NSL”) that the FBI served on him in 2004. The ruling marks the first time that an NSL gag order has been lifted in full since the PATRIOT Act vastly expanded the scope of the FBI’s NSL authority in 2001. Mr. Merrill, the executive director of the Calyx Institute, is represented by law students and supervising attorneys of the Media Freedom and Information Access Clinic, a program of Yale Law School’s Abrams Institute for Freedom of Expression and Information Society Project. For more than a decade, the government has refused to allow Mr. Merrill and other NSL recipients to tell the public just how broadly the FBI has interpreted its authority to surveil individuals’ digital lives in secret using NSLs. Tens of thousands of NSLs are issued by FBI officers every year without a warrant or judicial oversight of any kind. The letters demand disclosure of user information and are almost always accompanied by complete gag orders. Today’s decision will finally allow Mr. Merrill to speak about all aspects of the NSL and, specifically, to inform the public about the categories of personal information that the FBI believes it can obtain using an NSL…U.S. District Judge Victor Marrero’s decision invalidated the gag order in full, finding no “good reason” to prevent Merrill from speaking about any aspect of the NSL, particularly an attachment to the NSL that lists the specific types of “electronic communication transactional records” (“ECTR”) that the FBI believed it was authorized to demand. The FBI has long refused to clarify what kinds of information it sweeps up under the rubric of ECTR, a phrase that appears in the NSL statute but is not publicly defined anywhere…Merrill first challenged the NSL statute in 2004 in a landmark ACLU lawsuit that resulted in significant changes to the law but ended in 2010 with much of the gag order still intact…”