Ninth Circuit Rules on National Security Letter Gag Orders

On July 18, 2017, a three-judge panel of the U.S. Ninth Circuit Court of Appeals endorsed the use of gag orders that restrict companies' disclosures related to national security letters (NSLs). The decision is disappointing for Cloudflare, which has been challenging the constitutionality of the FBI’s use of NSLs since 2013. While the court ruled that the current system does not violate the First Amendment, it did acknowledge that NSL gag orders are a form of prior restraint subject to strict scrutiny. Cloudflare will continue to report on NSLs and work with EFF to determine its next steps in challenging the decision.