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National Security Letters — Part 1
Page 31
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To: Counterterrorism From: Office of the General Counsel
Re: 319X-HO-A1487720-0G6C 04/11/2006
50 that the compensation is
Conclusion
OGC recognizes that field offices are likely to need further
guidance when faced with particular scenarios. There may be
Situations in which lack of compensation is unduly harsh in light
of the burden placed on the carrier by an NSL request. Such
Situations may be addressed on a case-by-case basis.§
To the extent that there are repercussions with respect to
the compliance with NSLs, we do now have in place an enforcement
mechanism for NSLs via the recently enacted USA PATRIOT Act
Improvement and Reauthorization Act of 2005. That statutory
authority should serve to ameliorate the possible adverse
consequences that might ensue at the onset of this new policy.
Any questions about the issues set forth above sh
addressed to field office Chief Division Counsel or to
in the National Security Law Branch ((571)280
LEAD (s) :
Set Lead 1: (Adm)
ALL RECEIVING OFFICES
Distribute to all supervisory personnel involved in
the investigation of counterintelligence, counterterrorism, and
cyber cases.
1 - Ms. Caproni
1 - Mr. Hulon
l =- Mr. Berezna
i-
1-
+?
This flexibility is conceptually analogous to the provision of ECFA,
Section 2706, which authorizes court-ordered compensation when a criminal
legal process seeking telephone records is especially burdensome. See
footnote 4.
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