How did National Security Letters work under Section 505 of the USA PATRIOT Act?
Under Section 505 of the USA PATRIOT Act, the Federal Bureau of Investigation (FBI) was authorized to issue subpoenas known as National Security Letters (NSLs).1
These letters functioned by allowing the FBI to demand information based on a certification that the requested data was relevant to an investigation involving international terrorism or foreign intelligence. Additionally, these orders imposed gag orders on the recipients, which prohibited them from disclosing that the FBI had sought or obtained the information.1
Critics have argued that Section 505 raised significant ethical and constitutional concerns, specifically regarding the First Amendment. Opponents contended that the provision permitted searches based partly on protected First Amendment activities and enforced gag orders without requiring any form of judicial review, thereby undermining essential civil liberties.1