Administration Asks Appeals Court To Compel ISP Searches

Wed Jun 1 07:49:51 UTC 2005

On 6/1/05, Chris Kuethe <chris.kuethe at gmail.com> wrote:
> On 5/31/05, Owen DeLong <owen at delong.com> wrote:
> > Not having received one, I have no gag order, so, I am free to tell you I
> > haven't received one.
> >
> > Owen
> 
> This assumes that the new breed of NSL doesn't require you to deny
> having received an NSL when questioned, unless you want to have some
> nebulous obstruction of justice, yadda yadda, mail fraud charge waved
> at you...

I've never received a NSL, just a few really badly written subpoenas. But
then I got out of the large-scale public ISP business a long time ago.

It'd take a heck of a gag order to compel the recipient to outright lie
about the fact that they are under a gag order;  when directly questioned
on the subject -- you must refuse to answer.  That doesn't mean you go
out of your to reveal the fact of the gag order, as in the above posts.

YMMV, IANAL, etc.

Kevin Kadow
--
As of June 1st, 2005 I am not under any court-imposed gag order.