What Does the DOJ 2017 Memo Say About Gag Orders?

Question from Jack, What Does the DOJ 2017 Memo Say About Gag Orders?

Answer from AI:

The Department of Justice (DOJ) issued a memo in 2017 that provides guidance on the use of gag orders, which are directives that prevent an individual or organization from talking about or disclosing certain information. This memo specifically addresses the use of nondisclosure orders associated with legal process for obtaining customer data from technology companies.

Understanding Gag Orders

Gag orders are often used in the context of national security letters (NSLs) and other legal processes to prevent companies from notifying their customers when their data has been requested by the government. The rationale behind these orders is to avoid jeopardizing ongoing investigations or national security.

DOJ 2017 Memo on Gag Orders

The 2017 memo outlines three main principles:

1. Limited Use: Gag orders should only be sought when necessary and for the shortest time required.
2. Specific Facts: Requests for gag orders must be based on specific facts and not just on generalized concerns.
3. Review Process: There should be a periodic review of gag orders to determine if the need for secrecy still exists.

Emergency Disclosure Requests

Emergency disclosure requests are a separate matter from gag orders. These requests typically occur when law enforcement believes that there is an imminent threat to life or serious bodily harm, and they need access to information quickly to prevent it. Companies like social media platforms and email providers often have policies in place to handle these urgent situations.

The 2017 DOJ memo does not directly address emergency disclosure requests. However, it is important to note that emergency situations may have their own set of legal standards and procedures that differ from the typical process for data requests that might involve gag orders.

Legal Advice and Further Information

For individuals or companies facing a gag order or dealing with an emergency disclosure request, it is crucial to consult with a legal professional who can provide personalized advice based on the specifics of the situation. Legal professionals can help navigate the complex legal landscape and ensure that rights and obligations are properly understood and upheld.

• Review the company’s policy on handling law enforcement requests.
• Understand the legal standards for emergency disclosure requests.
• Consult with legal counsel if you receive a gag order or an emergency disclosure request.

For more information on the legal framework surrounding these issues, you can refer to the DOJ’s 2017 memo and the Electronic Communications Privacy Act (ECPA), which governs how and when electronic communication service providers can disclose customer information to the government.

Remember, this information is general in nature and should not be construed as legal advice. Legal situations can vary greatly, and the laws may have changed since the time of writing. Always seek the guidance of a qualified attorney for specific legal issues.