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National Security Letters — Part 1
Page 46
46 / 1188
To: All Divisions From: OGC
Re: , 03/9/2006
4. The Assistant Directors and all Deputy
Assistant Directors of the Counterterrorism,
Counterintelligence,* and Cyber Divisions;®
5. The General Counsel] and Deputy General Counsel for
the National Security Law Branch;'
6. The Assistant Director in Charge, and all SACs of
the New York, Washington D.C., and Los
Angeles field offices; and
7. The SACS in all other field divisions.
The NSLB is hereby authorized to issuance guidance with
respect to the revision of the national security letter statutes,
as well as the other changes encompassed by the USAPA IRA. One
point should be made here, however. The signature authority, the
initial non-disclosure certification authority, and the non-
disclosure recertification authority are séparate authorities.
Because an NSL warrants signature does not necessarily mean that
it warrants inclusion of a non-disclosure provision. Because an
NSL once warranted a non-disclosure provision does not mean that
one year later, it continues to warrant a non-disclosure
provision. Such certifications should not and may not be made in
a perfunctory manner. There must be an assessment by the
individual who signs the NSL that there is a genuine need for
non-disclosure because one of the enumerated dangers may arise
from disclosure.
> The Counterintelligence Division was denoted in its previous signature
delegation by its prior incarnation, as the National Security Division. See 66F-
HO-A1255972, Serial 15. This delegation brings its designation terminology up to
date.
*while Counterintelligence Division and Cyber Division personnel are being
given signature and non-disclosure certification and recertification authority for
all NSLs, it is expected that they would rarely exercise that authority in the
case of 1681lv NSLs (which signature authority they have not had to date}, which
are limited to usé in international terrorism investigations. It is possible,
although not likely to be a frequent occurrence, that a counterintelligence or
Cyber case may have an international terrorism aspect to it that would justify the
issuance of a 168iv NSL.
the Deputy General Counsel for the National Security Law Branch was denoted
in its previous signature delegation by its prior incarnation, as Deputy General
Counsel for National Security Affairs. See 66F-HQ~Al255972, Serials 15, 31. This
delegation brings its designation terminology up to date,
4
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