“The liberties of a people never were, nor ever will be, secure, when the transactions of their rulers may be concealed from them.”

The title is from Patrick Henry. The context is a Metafilter discussion of this necessarily anonymous WaPo editorial about the surreal experience of receiving a National Security Letter from the FBI. Said letter demanded personal data about the editorial writer’s clients, and contained a gag provision prohibiting him from discussing any aspect of the request. And, of course, said letter was issued by the FBI with no Judicial oversight whatsoever, checks and balances be damned:

Living under the gag order has been stressful and surreal. Under the threat of criminal prosecution, I must hide all aspects of my involvement in the case — including the mere fact that I received an NSL — from my colleagues, my family and my friends. When I meet with my attorneys I cannot tell my girlfriend where I am going or where I have been. I hide any papers related to the case in a place where she will not look. When clients and friends ask me whether I am the one challenging the constitutionality of the NSL statute, I have no choice but to look them in the eye and lie.

I resent being conscripted as a secret informer for the government and being made to mislead those who are close to me, especially because I have doubts about the legitimacy of the underlying investigation.

I recognize that there may sometimes be a need for secrecy in certain national security investigations. But I’ve now been under a broad gag order for three years, and other NSL recipients have been silenced for even longer. At some point — a point we passed long ago — the secrecy itself becomes a threat to our democracy. In the wake of the recent revelations, I believe more strongly than ever that the secrecy surrounding the government’s use of the national security letters power is unwarranted and dangerous. I hope that Congress will at last recognize the same thing.

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