◆ SpookStack

To: All Bivisions From: Office of the General Counsel Re: 319X-HO-A1487720-o0GC, 04/07/2006 Failure to Comply: . * The Attomey Genera! may invoke the aid of a Federal District “ Court, * Jurisdiction: U.S. District in which the investigation is carried on, or the person or entity resides or does business or may be found. « Court may compel by ordering person/entity to comply. * Failure to obey 1s punishable by contempt. Court Proceedings & + Court must close hearings to the extent necessary to prevent an Security: unauthorized disclosure of NSL. oo « Petitions, filings, records, orders, and subpoenas must be kept under seal to the extent and as long as necessary to prevent .) unauthorized disclosure. * At povernment’s request, ex parte and in camera review of government’s submissions which may contain classified material. Sec. 116. Confidentiality of National Security Letters. Section 116 makes changes to the National Security Letter authorities contained in the Electronic Communications Privacy Act (ECPA) (18 U.S.C. § 2709), the Right to Financial Privacy Act (RFPA)(12 U.S.C. § 3414), and the Fair Credit Reporting Act (FCRA) (15 U.S.C. §§ 168lu and f68iv). For example, Congress used this section to clarify the application of NSLs {18 U.S.C. § 2709 - telephone tolf and transactional records] to libraries. A library is subject to an NSL only if it falls within the definition of a wire or communications provider, Libraries and 18 U.S.C. § | A library is not a wire or electronic communications service 2709 (telephone toll and provider unless the library is providing the services defined in 18 transactional records):. © | U.S.C. § 2510(15)(electronic communication service). Additionally, this section is used to statutorily establish the NSL nondisclosure requirements and the exceptions to the nondisclosure requirement available to a recipient. Procedural Changes Related to National Security Letters Confidentiality: To avoid overstepping this authority, the FBI should not issue an NSL to a library unless the library is acting as an imtemet service provider and not merely providing internet access to its customers through some other Internet service provider (e.g, AOL). If you have any questions regarding the application of this provision to a particular library, please direct your questions to FBI OGC NSLB. The other significant changes to NSLs regarding confidentiality are common to all NSLs used by the FBI. In order to activate the nondisclosure requirement, the NSLs must contain a certification from the Director of the FBI, or a Specia] Agent in Charge in an FBI field office. This new legislation allows designation of this certification to the SACs in field offices “designated by the Director.” This language reflects Congress’ intention that the delegation not occur automatically, but that the Director must choose which offices needed, and were properly 18