One of the judges seemed to question why there was no end-date on the gag orders, and why the burden was on the recipients of NSLs to challenge them. “It leaves it to the poor person who is subject to those requirements to just constantly petition the government to get rid of it,” said the judge, N. Randy Smith.
The FBI sends out thousands of NSLs each year – 21,000 in fiscal year 2012. The Justice Department’s Inspector General has put out several reports in recent years critical of the bureau’s use of the letters, and President Obama’s surveillance review group recommended stricter standards for them earlier this year.