This is definitely a victory and kudos to the EFF, but keep this win in perspective. The Court only ruled on the gag orders attached to the NSLs.
Therefore, as of now the executive can still issue an NSL, without a gag order attached, which is still the equivalent of a warrant less search and seizure. So there is still a larger fight ahead in getting the Courts to rule the NSLs are Unconstitutional.
Please read the EFF's press release closely. Specifically
In today's ruling, the court held that the gag order provisions of the statute violate the First Amendment and that the review procedures violate separation of powers. Because those provisions were not separable from the rest of the statute, the court declared the entire statute unconstitutional.
There is are two separate issues, overstepping of executive authority and free speech, all aspects of NSL are being declared. Not just the gag section. Now there is a 90 day window for appeal, and I would expect the DoJ to appeal.
>Please read the EFF's press release closely. Specifically
Thanks, I read the Court opinion.
Though I think you need to read my comment more specifically. There is nothing inconsistent with my comment and your comment, I think you just got hung up on the Court declaring the entire NSL law unconstitutional and I reference NSLs being sent in the future without gag-orders.
You are correct there were two issues in the case, but the second issue "the judicial review provision" was only related to the NSL nondisclosure provision. See Page 1 paragraphs 20-22 of the Court Order (issue one and two "collectively refered to as 'NSL nondisclosure provisions).
Therefore, Congress can reauthorize NSL without gag-orders, and they will bc that is what Congress does when a new law is struck down they rewrite it to comply with the Court ruling. Then the NSL without gag-order will be challenged again and this time not under the 1st Amendment like the non-disclosure provisions but under the 4th Amendment.
I have done more than send money to the EFF, I applied to be an attorney for the EFF and when that did not pan out I contacted them to volunteer my legal services pro-bono. I don't see eye to eye with the EFF on all issues, but when they sued AT&T in 2006 I saw the potential ACLU of technology.
Therefore, as of now the executive can still issue an NSL, without a gag order attached, which is still the equivalent of a warrant less search and seizure. So there is still a larger fight ahead in getting the Courts to rule the NSLs are Unconstitutional.