What is Gag Order?
A legal order that prevents a company from disclosing that it has received a government request for user data, often accompanying National Security Letters.
Gag orders prevent companies from telling their users that the government has requested their data.
How They Work
- Government issues a data request (NSL, FISA order) with a non-disclosure provision
- The company must comply with the request AND remain silent about it
- Violating the gag order is a federal crime
- Some gag orders are permanent; others expire after a set period
Constitutional Concerns
- First Amendment challenges have had mixed results
- In 2015, courts ruled that indefinite NSL gag orders are unconstitutional
- Companies can now challenge gag orders more easily, but the process is slow
Warrant Canaries
Because companies can't say they HAVE received a gag order, some maintain statements saying they HAVEN'T. If the statement disappears, users can infer that a gag order was received. Default Privacy maintains a warrant canary on its transparency page.
Related Terms
National Security Letter
An administrative subpoena issued by U.S. federal agencies (primarily the FBI) for national security investigations. NSLs come with gag orders preventing recipients from disclosing their existence, making them controversial tools of surveillance.
Subpoena
A legal order requiring a person or company to provide testimony, documents, or other evidence in legal proceedings. Service providers may receive subpoenas demanding user data, which is why privacy-focused services minimize data collection.
Warrant Canary
A method by which a service provider can inform users that they have NOT received a secret government subpoena. If the canary statement is removed or not updated, it signals that the provider may have received such an order and is legally prevented from disclosing it.
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