◆ SpookStack

To: All Divisions From: Office of the General Counsel Re: 319X-HQ-A1487720-0GC, 04/07/2006 Judicial review of NSL nondisclosure provision (Recipient may challenge . the nondisclosure | provision): * Jurisdiction: In the U.S. District in which the recipient resides or does business. + Filed within one year of NSL request - « Court may modify/set aside the non-disclosure if... “‘no reason to believe that disclosure may endanger the national security of the U.S., interfere with criminal, counterterrorism, or counterintelligence investigation, interfere with diplomatic relations, or éndanger the life or physical safety of any person.” »* Certification/Authority level: Court will treat as conclusive the certification by the Attorney General, Deputy Attorney General, an Assistant Attorney General, or the Director of the FBI that disclosure may endanger the national security of the United States or interfere with diplomatic relations (unless made in bad faith). * Filed one year or more after the NSL — * Within 90 days of recipient’s petition, designated government officials must either terminate the nondisclosure requirement or | recertify that the disclosure “may result in a danger to the national security of the U.S., interference with a criminal, counterterrorism, or counterintelligence investigation, interference with diplomatic relations, or danger to the life or physical safety of any person.” ¢ Termination/Recertification Authority level: The Attorney General, Deputy Attomey General, an Assistant Attorney General, or the Director of the FBI, or his designee in a position not lower than Deputy Assistant Director at FB] headquarters or a SAC in an FBI field office designated by the Director shal] either terminate the nondisclosure requirement or recertify that | disclosure “may result in a danger to the national security of the 1 U.S., interference with a criminal, counterterrorism, or counterintelligence investigation, interference with diplomatic relations, or danger to the life or physical safety of any person.” _ ’ * Conclusive: Certification by the AG, DAG, an Assistant Attorney General, or the Director of the FBI that disclosure may , endanger the national security of the United States or interfere with diplomatic relations shall be treated as conclusive (unless made in bad faith).