Can the gag order be challenged?
As part of the reauthorization in 2006, you may now challenge gag orders for FISA warrants and NSLs. For FISA warrants, you may challenge the gag order in the FISA court after one year. For NSLs, you may immediately challenge the gag order in a U.S. District Court. In both cases, your challenges will be denied if the courts find that national security would be threatened by release of this information, or if the government doesnt agree to drop the gag order. What parts of the Act are affected by sunset provisions (i.e., theyll expire unless renewed)? Section 215 is one of two remaining sections that have a sunset provision. In the 2006 reauthorization, Section 215s expiration date was extended another four years to 31 December 2009. All other sections, including sections 216 and 505, are permanent changes that would have to be repealed by Congress. Links to more information: USA PATRIOT Act legislation (as originally passed in 2001) USA PATRIOT Act reauthorization (as reauthorized in 2
