A Decade-Old Gag Order, Lifted

by Jameel Jaffer

More than a decade ago, a man named Nick Merrill approached the NYCLU and ACLU with an unusual request for help. At the time, Nick ran a small Internet access and consulting business, called Calyx, in New York City.

A few days earlier, an FBI agent had come by Calyx’s offices and handed Nick a “national security letter” demanding that Calyx turn over sensitive information about one of its subscribers. The letter included a gag order prohibiting Calyx from disclosing to anyone that it had received the demand. It also included an attachment listing the kinds of information that the FBI wanted Calyx to turn over.