Document text
Freedom of Information
and
Privacy Acts
SUBJECT: NA TIONAL SECURITY LETTERS
F 01-DER-'__J_.Ql1LL__ L-CT'LiB_§ e_ _£+_ M
al" """§ To Q0' 15' Qw Q; 1
A BrQ»-
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"""Ir*"
Federal Bureau of Investigation
FEDERAL BUREAU OF INVESTIGATION
FOIPA
DELETED PAGE INFORMATION SHEET
Serial Description "- COVER SHEET DQ021200?
Total Deleted Page s! - 1
Page 4 - b2, b?E
3 NE E!I§t£?g:s§g§F2ae XX '
U.S. Department 0| Justice_.=1-5:ii,-.2? -'¢if-'-:-.,z"___.-- '<__; ._1I_imfaw
Federal Bureau of lnvesllglln
v-.1-2:; !_1:1._¢'
Washington, D. C. 20535-0001
[DRAFTING DIVISION]
[STREET ADDRESS]
[CITY, STATE, ZIP CODE]
[MONTH, DAY, YEAR]
ALL IHFUFUPIATIDN CONTAINED
[I~£R./MRS./MS.! icormssmz NAME or soc} "Em" I5 CLASSIFIED[TITLE IF AVAILABLE] - DATE 06-01-200? BY 551?9¢DMI'l/KSR/RIJ
[mam os commnrl ' 1076786
{PHYSICAL s-rmrrr ADDRESS - no 9.0. aox]
lcrrr, swam - no ZIP cons]
DEAR [MR./MR3-/MS.] [LAST NAME]:
Under the authority of Executive Order 12333, dated
December 4, 1981, and pursuant to Title 18, United States Code
[U.S.C.!, Section 2709 section 201 of the Electronic
Communications Privacy Act, as amended!, you are hereby directed
to provide the Federal Bureau of Investigation [FBI] the names,
addresses, and length of service and electronic communications
transactional records, to include existing transaction/activity
logs and all electronic mail [email! header information {not to
include message content and/or subject fields!, for the below-
listed [e-mail/IP] address holder{s!:
[E-mail/IP mnnzss or m:>1>nr.ssss1
[on A SPECIFIC DATE]
OI
[FOR THE PERIOD FROM [SPECIFIC DATE] TO [SPECIFIC DATE]
or [PRESENT1]
Please see the attachment following this letter for
the types of information that you might consider to be a
electronic communications transactional record.
If the time period noted above is to the "present,"
that term is intended to direct production of information to the
date of the processing of this letter. If providing information
to the date of processing is not feasible, please provide
information to the date of receipt of this letter.
While fulfilling your obligations under this letter,
please do not disable, suspend, lock, cancel or interrupt service
to the abovedescribed subscriber s! or accounts. A service
interruption or degradation may alert the subscriber s!/account
usersis! that investigative action is being taken. If you are not
able to fulfill your obligations under this letter without
alerting the subscriber/account user, please contact the FBI
prior to proceeding.
In accordance with Title 18, U.S.C., Section 2709 b!, I
certify that the information sought is relevant to an authorized
investigation to protect against international terrorism or
clandestine intelligence activities, and that such an
investigation of a United States person is not conducted solely
on the basis of activities protected by the First Amendment to
the Constitution of the United States.
[Certificetionz The nondisclosure requirement is not an automatic
feature of the NSL. If the supporting EC for this NSL included
Option 1 Invoking the Nondisolosure Requireent!, then include
the language in the following 3 paragraphs in the NSL.]
In accordance with 18 U.S.C. § 2709 c!!, I certify
that a disclosure of the fact that the FBI has sought or obtained
access to the information sought by this letter may endanger the
national security of the United States, interfere with a
criminal, counterterrorism, or counterintelligence investigation,
interfere with diplomatic relations, or endanger the life or
physical safety of a person. Accordingly, I8 U.S.C. § 2TO9 c} l!
and L2! prohibits you, or any officer, employee, or agent of
yours, from disclosing this letter, other than to those to whom
disclosure is necessary to comply with the letter or to an
attorney to obtain legal advice or legal assistance with respect
to this letter.
In accordance with 18 U.S.C. § 2709 c! !, you are
directed to notify any persons to whom you have disclosed this
letter that they are also subject to the nondisclosure
requirement and are therefore also prohibited from disclosing the
letter to anyone else.
In accordance with 18 U.S.C. § 2709[c![4!, if the FBI
asks for the information, you should identify any person to whom
such disclosure has been made or to whom such disclosure will be
made. In no instance will you be required to identify any
attorney to whom disclosure was made or will be made in order to
obtain legal advice or legal assistance with respect to this
letter.
[Include the following language in all NSLs.]
In accordance with 18 U.S.C. § 3511[a! and {b}{1!, you
have a right to challenge this letter if compliance would be
unreasonable, oppressive, or otherwise unlawful, and you have the
2
right to challenge the nondisclosure requirement, if set forth
above.
In accordance with 18 U.S.C. § 351l{c!, an unlawful
failure to comply with this letter, including any nondisclosure
requirement, may result in the United States bringing an
enforcement action.
You are directed to provide reCords responsive to this
letter [personally to a representative of the [DELIVERING
DIVISION] OR through use of a delivery service to [OFFICE OF
ORIGIN] OR through secure fax] within [xxxxl business days of
receipt of this letter.
Any questions you have regarding this letter should be
directed only to the [[DELIVERING DIVISION] OR [OFFICE OF
ORIGIN],_depending on whether service is personal or through a
delivery service]. Due to security considerations, you should
neither send the records through routine mail service nor non-
secure fax, nor disclose the substance of this letter in any
telephone conversation.
Your cooperation in this matter is greatly appreciated
Sincerely,
[ADIC/SAC NAME]
tnssrsrmr omrcroa IN cmmcsl
srrcnu. AGENT IN CHARGE]
3
u<<».os-2s-2000!
C
FEDERAL BUREAU OF INVESTIGATION
Precedence: ROUTINE Date: O0/00/2007
Tc: General Counsel Attn: Julie Thomas -
Deputy General Counsel, NSLB
[COUN'.I'ER'1ERRORISM/ Attn: [r.m1'1']
COUNTERINTELLIGENCE/CYBER]
[REQUESTING OFFICE] Attn: SSA [SQUAD SUPERVISOR]
SA [CASE AGENT]
[OFFICE or ORIGIN] Attn: SA [cnsm AGENT]
[Squad] [X1
[DELIVERING DIVISION] Attnt SSA [SQUAD SUPERVISOR]
if using personal service! [Squad] [K]
From: [DRLFTING DIVISION]
[APPROVING OFFICIAL]
Contact: [CASE AGENT, telephone number 0000-0000!
Approved By: [ADIC nan IF APPLICABLE!]
[SAC NAME]
[ASAC NAME] DECLASSIFIEID BY 6-S].79;D192-l,"I92'SlURI
[CDC Nhlam] UN U5-07-200?
I35 "ml 1076786
Drafted By: [LAST, FIRST, MIDDLE: INITIALS]
"Case ID #:~ [CASE FILE NUMBER] Pending!
Title: [SUBJECT]£11! - ' [AKA [ALIAS] IF APPLICABLE}
[FCI/IT - FOREIGN POWER]
[O02 OFFICE OF ORIGIN]
Synopsis: U! {NSLETR! Approves the issuance of an Electronic
Communication Privacy Act ECPA! National Security Letter {NSL!for
electronic communications transactional records: provides reporting
data; and, if necessary, transmits the NSL for delivery to the
electronic communications service provider.
><
_ 1 1 1 _ 1 '7'
2%
T0: D LIVERING DIVISION] From: [DRAFTING DIVISION}
Re: ] [CASE FILE NUMBER, O0/00/2007]
E§{: Dari : G3
Declassify On: ears based on
informati ' the EC]
[FULL/PRELIMINARI] Investigation Instituted: S! [00/O0/2007]
Reference: Ei [CASE FILE NUMBER SERIAL XXX]
Enclosure s!: U! Enclosed for [DELIVERING DIVISION or OFFICE or
ORIGIN, depending on whether service is personal or through
restricted delivery service or fax] is an NSL dated j00/O0/20061,
addressed to [COMPANY POC NAME], [TITLE, {if availsble!], [CMPANY
NAME]; [COMPANY ADDRESS - NO P.O. BOX], [CITY, STATE NO ZIP CODE if
using personal service], requesting the names, addresses, lengths of
service, and electronic transactional records for the [e-mail/IP]
address olde {s} listed.
Details: A [FULL/PRELIMINARY] [FOREIGN COUNTERINTELLIGENCEI
INTERNAT ONAL TERRORISM} investigation of subject, a [U.S.
PERSON/NONU.S. PERSON], was authorized in accordance with the
Attorney General Guidelines because [Give a full explanation of the
justification for opening and maintaining the investigation on the
subject. Barebones facts will not suffice and will cause the request
to be rejected for legal insufficiency]. These electronic
communications transactional records are being requested to [Fully
state the relevance of the requested records to the investigation].' " ;!£g% This electronic communication documents the [APPROVING
OFFICIAL 1 proval and certification of the enclosed NSL. For
mandatory reporting purposes, the enclosed NSL seeks electronic
communication transactional records on [NUMER OF] [e-mail/IP
address es!] from [ISP #1]: [NUMBER OF1 [e-mail/IP address es!] from
[ISP #2], etc. [In the case of multiple addresses to the same ISP, if
you know how many different persons attach to those addresses, please
state. Provide the USP status of all the persons about whom the
requests are seeking information, including the subject of the
investigation. In other words, do your best to give as much
information as you can, for congressional reporting purposes.]
{U} Arrangements should be made with the electronic
communications service provider to provide the records [personally to
an employee of the DELIVERING division OR through use of a delivery
service or secure fax to OFFICE OF ORIGIN] within [NUMBER OF]
business days of receipt of this request. The electronic
communications service provider should neither send the records
through routine mail service nor utilize the name of the subject of
the request in any telephone calls to the FBI.
>4:
>4
To: [on IVERING DIVISION} From: [nnnrrruo DIVISION}
Re: [cast FILE NUMBER, 00/00/20071
[Certification and Activation of the Nondisclosure Requirent: There
is no longer an automatic prohibition that prevents the recipient of a
National Security Letter from disclosing that the FBI has requested
the information. To activate the nondisclosure requirment, the
senior FBI official approving this EC must use Option l below and
include in the EC but not in the NSL! a brief statement of facts that
justify the nondisclosure requirement. Option 2 is to be used in all
cases where Option 1 is not used.]
DISCLOSURE PROVISIONS
[Option l Invoking Nondisclosure Requirement]
U! In accordance with 18 U.S.C. § 2709 c! I, the senior
official approving this EC, certify that a disclosure of the fact that
the FBI has sought or obtained access to the information sought by
this letter may endanger the national security of the United States,
interfere with a criminal, counterterrorism, or counterintelligence
investigation, interfere with diplomatic relations, or endanger the
life or physical safety of a person.
S! Brief statement of the facts justifying my certification
in this case:
[Option 2 - Declining to invoke the nondisclosure requirement]
U! I, the senior official approving this EC, have
determined that the facts of this case do not warrant activation of
the nondisclosure requirements under the applicable National Security
Letter statute.
[Include the next 2 paragraphs in all ECs.]
U! Information received from an electronic communications
service provider may be disseminated in accordance with the Attorney
General Guidelines for FBI National Security Investigations and
Foreign Intelligence Collection, and, with respect to dissemination
to an agency of the United States, only if such information is
clearly relevant to the authorized responsibilities of such agency.
U! Any questions regarding the above can be directed to'
{CASE AGENT, telephone number 00! O00-0000].
SE
3
i i 17 i 7
>@
. [CASE FILE NUMER, 00/00/2°07] U! To: :£§%?IVERING DIVISION] From: [DRAFTING DIVISION]Re-
LEAD a!:
Set Lead 1: Action!
QENERAL COUNSEL
AT WASHINGTON, DC
U! NSLB is requested to record the appropriate information
needed to fulfill the Congressional reporting requirements for NSLs.
Set Lead 2: Info!
I '39UNEBT!;3RP~°P~I SM/_ Q9U1iT1lRIF!'LE1-1-I_GE§CLL§ll5§B1
AT WASHINGTON, DC
U! At [Unit] Read and Clear.
Set Lead 3: Action!
[DELIVERING DIVISIQH_:_i£_ugigg_Egrsonel_seryice]
[AT grmr, swam]
U! Deliver the attached NSL as indicated above. Upon
receipt of information from the electronic communication service
provider, [DELIVERING DIVISION] is requested to submit results to
[DRAFTING DIVISION] and [OFFICE OF ORIGIN, if applicable].
O0
4
1i -1- V! '--,_H_-
FEDERAL BUREAU OF MVESTIGATION
FOIPA
DELETED PAGE INFORMATION SHEET
Serial Description ~ COVER SHEET 0510212007
Total Deleted Page s! ~ 1
Page 4 ~ b2, IJTE
3 No E3|E,i°§>|;t?§§?Le XX
§ age é
_ .__._- -
U.S. Department of JusticeG, . 4 |.»,_ _
.=:=-F-'
igiis, riy Fedcralureau oflnvesgaonIn;-§;£-_ 27'-'
" " ":** 4 ** * 4 ; * waenno@n,0.c.2osJs06bf " *4: I I IZIIII
[DRAFTING DIVISION]
[STREET ADDRESS]
ICITY, STAEE, ZIP CODE]
[MONTH, DAY, YEAR]
ma./ms./us.1 [commas mum or POC]
[TITLE, IF AVAILABLE]M OF cmml :;:,;:F::"e:::,;2:";;;""EgI:g:ICggA::R%E:°Ag2:E§gDg]N° 9'0 Box] mrrr as-01-200? BY 6S1?9,='DIIH/KSR/RIJ
1076786
DEAR [MR./MRS./MS.] [LAST NAME]:
Under the authority of Executive Order 12333, dated
December 4, 1981, and pursuant to Title 18, United States Code
{U.S.C.!, Section 2709 Section 201 of the Electronic
Communications Privacy Act of 1986! {as amended}, you are hereby
directed to provide to the Federal Bureau of Investigation FBI!
the name, address, length of service, and local and long distance
toll billing records associated with the following:
INAME, IF KNOWN]
IADDRESS, IF KNOWN]
[TELEPHONE NUMER S!, IF KNOWN 00! 000-000]:
[RELEVHNT TIME PERIOD]: [ON SPECIFIC DATE S!]
or [FROM [SPECIFIC DATE] to [[SPECIFIC DATE]
or [PRESENT]]
Please see the attachment following this letter for
the types of information that you might consider to be a toll
billing record.
If the time period noted above is to the "present,"
that term is intended to direct production of information to the
date of the processing of this letter. If providing information
to the date of processing is not feasible, please provide
information to the date of receipt of this letter.
In accordance with Title 18, U.S.C., Section 2709[b!, I
certify that the information sought is relevant to an authorized
investigation to protect against international terrorism or
7 _ t
clandestine intelligence activities, and that such an
investigation of a United States person is not conducted solely
on the basis of activities protected by the First Amendment to
the Constitution of the United States.
[Certi£ication: The nondisclosure requirement is not an automatic
feature of the NSL. If the supporting EC for this NSL included
Option 1 Invoking the Nondisolosure Requirement! then include
the language in the following 3 paragraphs in the NSL.]
In accordance with I8 U.S.C. § 2709{c![1!, I certify
that a disclosure of the fact that the FBI has sought or obtained
access to the information sought by_this letter may endanger the
national security of the United States, interfere with a
criminal, counterterrorism, or counterintelligence investigation,
interfere with diplomatic relations, or endanger the life or
physical safety of a person. Accordingly, 18 U.S.C. § 2?O9{c! l]
and {2} prohibits you, or any officer, employee, or agent of
yours, from disclosing this letter, other than to those to whom
disclosure is necessary to comply with the letter or to an
attorney to obtain legal advice or legal assistance with respect
to this letter.
In accordance with 18 U.S.C. § 2709 c]], you are
directed to notify any persons to whom you have disclosed this
letter that they are also subject to the nondisclosure
requirement and are therefore also prohibited from disclosing the
letter to anyone else.
In accordance with 18 U.S.C. § 2?09{c!!, if the FBI
asks for the information, you should identify any person to whom
such disclosure has been made or to whom such disclosure will be
made. In no instance will you be required to identify any
attorney to whom disclosure was made or will be made in order to
obtain legal advice or legal assistance with respect to this
letter.
[Include the following language in all NSLe.]
In accordance with 18 U.S.C. 5 351l{a! and {b] l!, you
have a right to challenge this letter if compliance would be
unreasonable, oppressive, or otherwise unlawful, and you have the
right to challenge the nondisclosure requirement, if one is set
forth above.
In accordance with 18 U.S.C. § 35ll c!, an unlawful
failure to comply with this letter, including any nondisclosure
requirement, may result in the United States bringing an
enforcement action.
2
-iii-I
You are directed to provide records responsive to this
letter [personally to a representative of the [DELIVERING
DIVISION] OR through use of s delivery service to [OFFICE OF
ORIGIN] OR through secure facsimile] within [xxxx] business days
of receipt of this letter.
Any questions you have regarding this letter should be
directed only to the [[DELIVERING DIVISION] OR [OFFICE OF
0RIGIN],_dapending on whether service is Personal or through a
delivery service]. Due to security considerations, you should
neither send the records through routine mail service nor non-
secure fax, nor disclose the substance of this letter in any
telephone conversation.
Your cooperation in this matter is greatly appreciated
Sincerely yours,
[maze/sac mm]
[ASSISTANT nrnscma IN cannon!
snscnu. AGENT IN cusses]
3
[l.|'2|>fl9'.31l!
Emii
FEDERAL BUREAU OF INVESTIGATION
Precedence: ROUTINE Date: 00/00/2007
To: General Counsel Attn: Julie Thomas
Deputy General Counsel, NSLB
[COUNTERTERRORISMI Attn: [UNIT]
COUNTERINTELLIGENCE/CYBER]
[REQUESTING OFFICE] Attn:SSA [SQUAD SUPERVISOR]
SA [CASE AGENT]
[osszcz or ORIGIN] Attn: SA [cnsn AGENT]
[Squad] [X1
[DELIVERING DIVISION] Attn: SSA [SQUAD SUPERVISOR]
{if using personal service! [Squad] [X1
From: [DRAFTING DIVISION]
[APPROVING OFFICIAL] -
Contact: [CASE AGENT, telephone number O00! 000-0000]
Approved By: {ADIC NAME IF APPLICABLE]
[SAC NAME] DECIJLSSIFIED BY 551'!9;'I1HI'UK.SP.,* RIvI
[A533 mum] IIIH 06-01-200?
coo name] 1076786
[ssn NAM]
Drafted By: [LAST, FIRST, MIDDLE NAME: INITIALS]
[U§ " "Case"ID"#:~:!Sii [CASE FILE uuumznl Pending!
T§Fle:. ! [SUBJECT] U1 """"" " [nxal [Arias IF APPLICABLE]
[IT/FCI - FOREIGN rowan};
[oo= osrxcn or ORIGIN]
Synopsis: {U} {NSLTTR} Approves the issuance of an Electronic
Communication Privacy Act IECPA! National Security Letter
NSL!for toll billing records; provides reporting data; and, if
w
1*
>@
To: [ srzvsnxus DIVISION] From: [DRAFTING n1v1s1on1
Rer~/. > [sass FILE nunssn, oo/oo/20011
necessary, transmits the NSL for delivery to the wire
communications service provider.
i_w"hwhmiC>§¬ Deriv : G3
Declassify On: ars based on
information 1 EC]
[FULL/PRELIMINARY] Investigation Institutedri!B¬i[00/OOXZOO7]R9iBrBnce;n9!§ ¬[CASE FILE NUMBER Serial XXX]
Enclosures: U! Enclosed for [DELIVERING DIVISION or OFFICE OF
ORIGIN, depending on whether service is personal or through
restricted delivery service or far] is an NSL dated [O0/O0/2006],
addressed to [COMPANY POC NAME], [TITLE if evaileb1e!], [CQMPANY
NAME]: [COMPANY ADDRESS - N0 P.O. BOX], [CITY, STATE - NO ZIP
CODE if using personal service], requesting the name, address,
length of service and local and long distance toll billing
records for the phone numbertsi listed.
Details? >[gé A [FULL/PRELIMINARI] [INTERNAEIONLL
TERRORI /F0 IGN COUNTERINTBLLIGENCE] investigation of subject,
a [USPER/NON-USPER], was authorized in accordance with the
Attorney General Guidelines because [Give a full explanation of
the justification for opening and maintaining the investigation
on the subject; barebones facts will not suffice and will cause
the request to be rejected for legal insufficiency]. These toll
billing records are being requested to [Fully state the relevance
of the requested records to the investigation].
~~*~~~~~~- i This electronic communication documents the
[APPROVI O CIAL's] approval and certification of the enclosed
NSL. For mandatory reporting purposes, the enclosed NSL seeks
local and long distance toll billing records for [NUMBER OF]
telephone number s! from [telephone company #1]; [NUMBER OF]
telephone number s} from [telephone copany #2], etc. [In the
case of multiple phone numbers to the same telephone company, if
you know how many different persons attach to those phone
numbers, please state. Provide the USP status of all the persons
about whom the requests are seeking information, including the
subject of the investigation. In other words, do your best to
>j~<
_T0: [DELIVERING DIVISION] From: [DRAFTIHG DIVISION]
Re:--._>,<Q [cast FILE um-man, 00/00/2001]
give as much information as you can, for congressional reporting
purposes.]
U! Arrangements should be made with the wire
communications service provider to provide the records
{personally to an employee of the DELIVERING DIVISION OR through
use of a delivery service or secure fax to OFFICE OF ORIGIN]
within [NUMBER OF] business days of receipt of this request. The
wire communications service provider should neither send the
records through routine mail service nor UtiliZ8th6 name of the
subject of the request in any telephone calls to the FBI.
DISCLOSURE PROVISIONS
[Certification and Activation of the Nondisclosure Requirement:
There is no longer an automatic prohibition that prevents the
recipient of a National Security Letter from disclosing that the
FBI has requested the information. To activate the nondisclosure
requirement, the senior FBI official approving this EC must use
Option l below and include in the EC but not in the NSL! a brief
statement of facts that justify the nondisclosure requirement.
Option 2 is to be used in all cases where Option 1 is not used.}
[Option 1 - Invoking Nondisclosure Requirement]
{U} In accordance with 18 U.S.C. § 2709 cJ I, the
senior official approving this EC, certify that a disclosure of
the fact that the FBI has sought or obtained access to the
information sought by this letter may endanger the national
security of the United States, interfere with a criminal,
counterterrorism, or counterintelligence investigation, interfere
with diplomatic relations, or endanger the life or physical safety
of a person.
""""""""""""" ';P§£ Brief statement of the facts justifying my
certification in this case:
{Option 2 - Declining to invoke the nondisclosure requirement]
U! I, the senior official approving this EC, have
determined that the facts of this case do not warrant activation
of the nondisclosure requirements under the applicable National
Security Letter statute.
%<
3
__ j i *1 ii 7'
//ace
To: zonrxvznmc orvrsrom From: [DRAFTING nxvrszromRe:--_ >31 [case FILE NUMBER, 00/00/200119292
[Include the next 2 paragraphs in all ECa.]
U! Information received from a wire communication
service provider may be disseminated in accordance with the
Attorney General Guidelines on National Security Investigations
and Foreign Intelligence Collection and, with respect to
dissemination to an agency of the United States, only if such
information is clearly relevant to the authorized
responsibilities of such agency.
U! Any questions regarding the above can be directed
to [CASE AGENT, telephone number 00! 000-0000].
92?<
4
92 92s T
II! T0: [D LIVERING DIVISION] From: [DRAFTING DIVISION]
Re.,__ [CASE FILE NUMBER, O0/00/2007]
LEAD s!
Set Lead 1:
GENERAL COUNSEL
AT WASHINGTON, DC
U! NSLB is requested to record the appropriate
information needed to fulfill the Congressional reporting
requirements for NSLs.
Set Lead 2: Info!
[QQUQQQRTERQQBLSQZCQUHEERIEIELL;§EHQ§/CYBERJ
AT WASHINGTON, DQ
U! At [Unit] Read and Clear
Set Lead 3:
[D§LIYEB;§G_DIVI§;Q!r:lifeu§ins_eer=0n§leaerxisel
[Am [c112, grams]
U! Deliver the attached NSL as indicated above.
Upon receipt of information from the wire communications service
provider, [DELIVERING DIVISION] is requested to submit results to
the [DRAFTING DIVISION] and [OFFICE OF ORIGIN, if applicable].
O9
isi
__ '
U.S. Department of Justice,_|.n!l|_ _. ._-_g;.l:}'_!'92_
5'2 M H7 Federal Bureau of Investigation
Washington, D. C. 20535-O00]
[omrrrue ozvrszom
[s-rare: zmonsss]
Icrrv, STATE, zn> coma]
[MDNTH, DAY, YEAR]
ALL I!-IFORHATIDN cmmumrv
[MR./MRS./MS.! [Complete name] HEREIN IS LFNELASSIFIED
['1'ITLE, IF AVAILABLE] DATE 06-01-200? BY 65l?91DH1-5/I-ISR/R51
[NAME OF COMPANY]
[PHYSICAL STREET ADDRESS NO P.O. BOX] 1076736
[CITY, STATE - NO ZIP CODE]
Dear [MR./MRS./MS.] [LAST NAME]:
Under the authority of Executive Order 12333, dated
December 4, 1981, and pursuant to Title 18, United States Code
U.S.C.!, Section 2709 Section 201 of the Electronic
Communications Privacy Act of 1986! as amended}, you are hereby
directed to provide to the Federal Bureau of Investigation FBI!
the name, address, and length of service with respect to the
following telephone number{s!:
[provide either or both - 1! person s! to who the
telephone number s! is/was registered and/or 2!the
telephone number s!]
[NAME OP PERSON[S}]
[TELEPHONE NUMBER S! O00! OOD"OOD!}:
[RELEVANT TIME PERIOD]: [ON SPECIFIC DATE]
or [FRO [SPECIFIC DATE] to
[SPECIFIC DATE] or [PRESENTII
If the time period noted above is to the "present,"
that term is intended to direct production of information to the
date of the processing of this letter. If providing information
to the date of processing is not feasible, please provide
information to the date of receipt of this letter.
In accordance with Title 18, U.S.C., Section 2709{b}, I
certify that the information sought is relevant to an authorized
investigation to protect against international terrorism or
clandestine intelligence activities, and that such an
be 7 7
[MRJMRSJMS] [COMPLETE NAMES]
investigation of a United States person is not conducted solely
on the basis of activities protected by the First Amendment to
the constitution of the United States.
[Certi£ication: The nondisclosure requirement is not an automatic
feature of the NSL. If the supporting EC for this NSL included
Option 1 Invoking the Nondiscloaure Requirement! then include
the language in the following 3 paragraphs in the NSL.]
In accordance with 18 U.S.C. 5 2709 c!!, I certify
that a disclosure of the fact that the FBI has sought or obtained
access to the information sought by this letter may endanger the
national security of the United States, interfere with a -
criminal, counterterrorism, or counterintelligence investigation,
interfere with diplomatic relations, or endanger the life or
physical safety of a person. Accordingly, 18 U.S.C. § 2709 c!{l!
and ! prohibits you, or any officer, employee, or agent of
yours, from disclosing this letter, other than to those to whom
disclosure is necessary to comply with the letter or to an
attorney to obtain legal advice or legal assistance with respect
to this letter.
In accordance with l8 U.S.C. § 2709{c![3!, you are
directed to notify any persons to whom you have disclosed this
letter that they are also subject to the nondisclosure
requirement and are therefore also prohibited from disclosing the
letter to anyone else.
In accordance with 18 U.S.C- § 2TO9{c!}, if the FBI
asks for the information, you should identify any person to whom
such disclosure has been made or to whom such disclosure will be
made. In no instance will you be required to identify any
attorney to whom disclosure was made or will be made in order to
obtain legal advice or legal assistance with respect to this
letter.
[Include the following language in all NSLs.]
In accordance with 18 U.S.C. § 3511 a] and b}{l!,
you have a right to challenge this letter if compliance would be
unreasonable, oppressive, or otherwise unlawful, and you have the
right to challenge the nondisclosure requirement set forth above.
In accordance with 18 U.S.C. § 35ll c}, an unlawful
failure to comply with this letter, including any nondisclosure
requirement, may result in the United States bringing an
enforcement action.
2
[MRJMRSJMS] lcomruzrrs mamas]
You are directed to provide records responsive to this
letter [personally to a representative of the [DELIVERING
DIVISION] OR through use of e delivery service to [OFFICE OF
ORIGIN] OR through secure fax] within [xxxx] business days of
receipt of this letter.
Any questions you have regarding this letter should be
directed only to the [[DBLIVERING DIVISION] OR [OFFICE OF
0RIGIN],_depending on whether service is personal or through e
delivery service]. Due to security considerations, you should
neither send the records through routine mail service nor non-
secure fax, nor disclose the substance of this letter in any
telephone conversation.
Your cooperation in this matter is greatly
appreciated.
Sincerely yours,
[ADIC/SAC nmm]
[ASSISTANT DIRECTOR IN CHARGE]
SPECIAL AGENT IR cusses]
3
OI-Q6-l993!
%<
FEDERAL BUREAU OF INVESTIGATION
Precedence: ROUTINE Date: 00/00/200?
To: General Counsel Attn: Julie Thomas
Deputy General Counsel, NSLB
[COUNTERTERRORISMI Attn: [UNIT]
COUNTERINTELLIGENCE/CYBER]
[REQUESTING OFFICE] Attn:SSA [SQUAD SUPERVISOR]
SA [CASE AGENT]
lorrrcz OF onronu Attn: SA [cnsz AGENT]
{Squad} [K1
[DELIVERING DIVISION] Attn: SSA [SQUAD SUPERVISOR]
[if using personal service! [Squad] [X]
From: [DRAFTING DIVISION]
[APPROVING OFFICIAL]
Contact: [CASE AGENT, telephone number {O00} 000~0O00]
Approved By: [ADIC NAME IF APPLICABLE]
[SAC NAME]
[ASAC NAME] _[CDC mum] E§I3§2?§§g¬g?BY s.s1?9:nm1,'1<$R;Rm
[SSA HAM]
1076786
Drafted By: [LAST, FIRST, MIDDLE NAME: INITIALS]
U - H_H.H"I J Case ID #¬' Exi [CASE FILE NUMBER] {Pending}
U1 '.lit1.a-:-- X; [SUBJECT]
[mm] [ALIAS IF APPLICABLE]
[IT/FCI ronzxcm POWER]:
[0O: orrrcn or oarsrm
Synopsis: U! {NSLTTR! Approves the issuance of an Electronic
Communication Privacy Act ECPA! National Security Letter
NSL!for toll billing records; provides reporting data; and, if
SECRET
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
é
To: [DELIVERING o:v1s1on1 From: ionnrrrus o1v1s1ou1Re: :§<:[cAss FILE nunssn, 00/00/20011
necessary, transmits the NSL for delivery to the wire
communications service provider.' :>§¬ IH;;;iv;d Fnmni_t§-3 4
Declassif ' - s based on
~" " information in
{ruin/Pnzr:n:nini1'1nvasu1gati¢n Instituted::!¬ [00/00/20071Referencew-:>¬:[CASE FILE NUMER Serial XXX]
Enclosures: U! Enclosed for [DELIVERING DIVISION or OFFICE OF
ORIGIN, depending on whether service is personal or through
restricted delivery service or fax] is an NSL dated [O0/00/2006],
addressed to [COMPANY POC NAME], [TITLE if avai1able!], [COMANI
NAME], [CMPANT ADDRESS NO P.O. BOX], {CITY, STATE - NO ZIP
CODE if using personal service], requesting the name, address,
length of service and local and long distance toll billing
records for the phone numberisl listed. '
Details: :}§i A [FULL/PRELIMINARY] [INTERNATIONAL -
TERRORISMYFOREIGN COUNTERINTELLIGENCE] investigation of subject,
a [USPER/NON-USPER], was authorized in accordance with the
Attorney General Guidelines because [Give a full explanation of
the justification for opening and maintaining the investigation
on the subject; barebones facts will not suffice and will cause
the request to be rejected for legal insufficiency]. These toll
billing records are being requested to [Fully state the relevance
of the requested records to the investigation].
" """ :!§i: This electronic communication documents the
[APPROVING OFFICIAL's] approval and certification of the enclosed
NSL. For mandatory reporting purposes, the enclosed NSL seeks
local and long distance toll billing records for [NUMBER OF]
telephone number s! from [telephone company #1]; [NUMBER OF]
telephone number s! from [telephone company #21, etc. [In the
case of multiple phone numbers to the same telephone company, if
you know how many different persons attach to those phone
numbers, please state. Provide the USP status of all the persons
about whom the requests are seeking information, including the
subject of the investigation. In other words, do your best to
EB-Pé
as
To: [0 LIVERING DIVISION} From: [nnnrwmc DIVISION]Re: ><!:[cAsE FILE mamas, 00/00/20011
give as much information as you can, for congressional reporting
purposes.]
[U] Arrangements should be made with the wire
communications service provider to provide the records
[personally to an employee of the DELIVERING DIVISION OR through
use of a delivery service or secure fax to OFFICE OF ORIGIN]
within [NUMBER OF] business days of receipt of this request. The
wire communications service provider should neither send the
records through routine mail service nor utilize the name of the
subject of the request in any telephone calls to the FBI.
DISCLOSURE PROVISIONS
[Certification and Activation of the Nondisclosure Requirement:
There is no longer an automatic prohibition that prevents the
recipient of a National Security Letter from disclosing that the
FBI has requested the information. To activate the nondisclosure
requirement, the senior FBI official approving this EC must use
Option l below and include in the EC but not in the NSL] a brief
statement of facts that justify the nondisclosure requirement.
Option 2 is to be used in all cases where Option 1 is not used.]
[Option 1 - Invoking Nondisclosure Requirement]
U! In accordance with 18 U.S.C. § 2709{c} I, the
senior official approving this EC, certify that a disclosure of
the fact that the FBI has sought or obtained access to the
information sought by this letter may endanger the national
security of the United States, interfere with a criminal,
counterterrorism, or counterintelligence investigation, interfere
with diplomatic relations, or endanger the life or physical safety
of a person.
"' ':}¬i:Brief statement of the facts justifying my
certification in this case:
[Option 2 - Declining to invoke the nondisclosure requirement]
U! I, the senior official approving this EC, have
determined that the facts of this case do not warrant activation
of the nondisclosure requirements under the applicable National
Security Letter statute.
Q
3
sn
U, " To: [DELIVERING DIVISION] From: [DRAFTING DIVISION]Re:>@ [case FILE ummnn, 00/00/200?]
[Include the next 2 paragraphs in all ECs.] '
U! Information received from a wire communication
service provider may be disseminated in accordance with the
Attorney General Guidelines on National Security Investigations
and Foreign Intelligence Collection and, with respect to
dissemination to an agency of the United States, only if such
information is clearly relevant to the authorized
responsibilities of such agency. ~~-
' {U} Any questions regarding the above can be directed
to [CASE AGENT, telephone number 00! O00-0000].
?j<
Ii _ ,-
Es
To: [n LIVERING nrvrsroul From: [nnnrmrna orvrsroulI"? Re: j>§ f[CASE FILE uuuesn, 00/00/20011
LEAD 8!:
Set Lead 1:
GENERAL QOUNSEL
AT WASHINGTON, DC
I UY' NSLB is requested to record the appropriate
information needed to fulfill the Congressional reporting
requirements for NSLs.
Set Lead 2: Info!
[COUHTERTERRQBISMZCQQNTERIHQQLL1GENC§lQ§B5B]
AT WASHINGT NO DC
U! At [Unit] Read and Clear
Set Lead 3: -
[DELIVERING DIVISIOE - if_g;iggwpnr§onalrservical
[LE ICITY, STATE]
U! Deliver the attached NSL as indicated above.
Upon receipt of information from the wire communications service
provider, [DELIVERING DIVISION] is requested to submit results to
the lnnarwznc nrvrsron] and [orrrcz or onrcru, if applicable].
00
3;<
I_Rc92*. U]-3
bi5
k>7rI
{>2$
1-2003]
FEDERAL BUREAU OF INVESTIGATION
Prumdume:ROUTINE Date: O4/ll/2006
To: Counterterrorism Attn: AD, DAD
Counterintelligence AD, DAD
Cyber Acting AD, DAD
All Field Offices ADIC
SAC
CDC
From: Office of the General Counsel
National Security Law Branch L351 Roo@_§$lDQ_ _wContact: l W Z Z DDDD
. T * D f C Ct C D h.LL'l!~I'1;7E|D.Fi'114;TI923§,uCET~1'1;liaibTI£iI;
Approved By. Caproni Valerie E HEREIN I5 UNCLASSIFIEDH- O W113? T mm: as-0-moo? BY ssiis/mm/1<sR;Rv
1076786
Drafted By: ___ _
Case ID #: 319X*HQ~A148772O~OGC
Title: LEGAL ADVICE AND OPINIONS:
FBI POLICY RE REIMBURSEMENT OF COSTS TO RECIPIENTS
OF NATIONAL SECURITY LETTERS
Synopsis: Provides guidance to the field as to the establishment
within the FBI of a uniform policy with respect to reimbursement
of costs to recipients of National Security Letters {NSLs! for
the production of information responsive to NSLs. This guidance
provides that where the authorizing statute requires
reimbursement, clearly we will continue our practice of paying.
where the authorizing statute does not reference any form of
reimbursement, then the FBI will not pay for the information.
Details:
Four statutes that provide for the issuance of National
Security Letters vary in their provision for reimbursement of
costs to recipients of NSLs for production of information
responsive to NSLs. The Electronic Communications Privacy Act
ECPA!, 18 U.S.C. § 2709, does not provide for reimbursement of
costs; thus, there is no legal obligation to pay for toll
billing/subscriber records or electronic communication
transactional records to which the statute applies. The Right to
Financial Privacy Act RFPAI, 12 U.S.C. § 3415, requires
To: Counterterrorism From: Office of the General Counsel
Re: 319XHQ-A14B7?20OGC O4/11/2006
reimbursement of costs for information obtained from financial
institutions to which NSLs are issued under Section
34l4{a!{5![A!; Title 12, Code of Federal Regulations [CFR!, Part
219, and Appendix A, provides a reimbursement of costs schedule
The Fair Credit Reporting Act £FCRA}, l5 U.S.C. § 1681u, requires
reimbursement of costs for financial institution listings and
consumer identifying information obtained from credit reporting
companies but no reimbursement schedule has been promulgated.2
Its counterpart, FCRA, Section 1681v, enacted as part of the 2001
USA Patriot Act, providing for full credit reports in
international terrorism cases, does not authorize reimbursement
of costs.
Variations in Cost geimbursemant Policy Among FBI Field_O§ficgg
The differences in the payment provisions of the NSL
statutes have caused field offices to adopt varying policies as
to whether they pay bills that are submitted by NSLs recipients
when bills are submitted by RFPA NSL recipients, the rules are
clear. Field offices must and do pay for such NSLs based on the
reimbursement of costs schedule set out in the CPR, when bills
are submitted by ECPA NSL recipients, where reimbursement is not
required, some field offices pay the bills as submitted, others
negotiate the amount of the charge, and others flatly refuse to
pay. As to credit reporting companies responding to 16B1v NSLs,3
at least one such company submits bills which, to date, we have
paid. with respect to credit reporting companies responding to
16Blu NSLs, at least two have a policy of submitting bills, which
we pay or intend to pay. While there is no fee schedule
' RFPA, Section 3415 provides that "a Government entity shall pay to the
financial institution assembling or providing financial records pertaining to
a customer and in accordance with procedures established by this chapter a fee
for reimbursement of costs as reasonably necessary and which have been
directly incurred in searching for, reproducing, or transporting books,
papers, records, or other data required ro requested to be produced. The
Board of Governors of the Federal Reserve System shall, by regulation,
establish the rates and conditions under which such payment shall be made.
Under 12 C.F.R. 5219.3, Appendix A, a fee schedule has been adopted, under
which photocopying is reimbursable at $.25 per page and searching is
reinbursable at $11 per hour for clerical staff.
2 FCRA, Section 1681u e! provides that "[t]he Federal Bureau of
Investigation shall, subject to the availability of appropriations, pay to the
consumer reporting agency assembling or providing report or information in
accordance with procedures established under this section a fee for
reimbursement for such costs as are reasonably necessary and which have been
directly incurred in searching, reproducing, or transporting books, papers,
records, or other data required or requested to be produced under this
section."
3The three major credit reporting companies are Experien, Transunion,
and Equifax.
To: Counterterrorism From: Office of the General Counsel
Re: 3l9X~HQAl48772OOGC O4/ll/2006
established, the fees that are or will be charged by credit
reporting companies for l681u requests are approximately ten
dollars, which appears reasonable, as well as in line with the
hourly rate set by the RFPA schedule.
The Problem to be Addressed by this Guidance
Having canvassed FBI field offices as to whether they would
like to see the FBI adopt a uniform policy with respect to
reimbursement of costs of NSL recipients, the Office of the
General Counsel EOGC! has determined that field offices do in
fact want a uniform policy. That is the genesis of this
guidance. However, since this is an operational issue and not a
legal issue, OGC has also obtained the concurrence of the FBIs
Counterterrorism Division, Counterintelligence Division, and
Cyber Division that a uniform policy is desirable. Thus, this
guidance is intended to create a uniform policy as to
reimbursement of costs of NSL recipients, the creation of which
uniform policy is particularly crucial with respect to those
statutes which do not provide for compensation, such as ECPA and
FCRA Section l68lv.
Reimbursement Qf CostsU;ncurred by ECPA_NSL recipients
The FBI hereby adopts the policy that, since it has no legal
obligation to reimburse costs incurred by an NSL recipient in
producing information sought by an ECPA NSL, that it will not pay
bills that are submitted by ECPA NSL recipients for such
information. Its position is supported by the fact that the BCPA
specifically provides for certain instances in which compensation
to recipients of legal process is available. Those enumerated
provisions do not include Section 2?09.5 Further, since certain
NSL statutes do contain reimbursement provisions, it is clear
that when Congress so intended, it did in fact enact such a
provision. While there is not necessarily any obvious rationale
to the determination of which NSL statutes contain reimbursement
provisions, the fact is that Congress has had opportunities to
remedy what may have b ' '
has not done so
Transunion currently charges ten dollars for 1681u requests, but does
not charge for 1681v requests. Experien currently charges $9.20 per report.
5Title 18, Section 2706{a} of ECPA provides for a reimbursement fee for
obtaining "the contents of communications, records, or other information under
Sectiv 2792, 2703, or 2704, except the provision does not apply, per section
2706 !, with respect to records or other information maintained by a
communications common carrier that relate to telephone toll records and
telephone listings obtained under section 2703 of this title. The court may,
however, order a payment as described in subsection Ia} if the court
determines the information required is unusually voluminous in nature or
otherwise caused an undue burden on the provider."
_ _i_
To: Counterterrorism From: Office of the General Counsel
Re: 319x-HQA1487?20occ 04/11/2006 by
Further, to the extent that bills for reimbursement
submitted by carriers in the past have been paid by field
offices, they presumably have been done so on the theory that
payment will encourage cooperation and responsiveness to an NSL
request. Inasmuch as the NSL statutes were revised by the USA
PATRIOT Act Improvement and Reauthorization Act of 2005 to
provide for an enforcement mechanism, there is less of a need for
the FBI to seek voluntary cooperation of carriers by providing
payment to which the carriers are not legally entitled.
Enclosed is a model letter that field offices may want to
use in response to requests for payment. These letters may
assume particular importance when addressed to carriers who to
date have received reimbursement and suddenly find themselves cut
off from reimbursement under the new FBI policy.
Reimbu;sgmeptIof_Costs_Incu;;ed:bym§Q§§_Section l681ygNSL
Recigients
b5
1
At the current time, Transunion does not charge for l681v
NSL requests.
Reimpnrsementlof Qpsts;Incg;red by FCRQ Sgq§iOn 16B1u $L
Recipients
While FCRA Section 1681u provides for compensation for NSLs,
there has yet to be promulgated a schedule of such fees. Inasmuch
as a separate fee schedule has not been adopted, it is logical
that the fee schedule adopted for RFPA NSLs be the basis of
WTEEJH E ]7*' r7__ __ jil f if l ; _
b2
b7E
Z ,7 Z _iZ __W _ __ __, therealso be fTex1BiIity Eh hou| [offices handle
such bills. We recommend that they coor inate with one another
i i 4
To: Counterterrorism From: Office of the General Counsel
Re: 3l9XHQAl487720OGC O4/11/2006
so that the compen2E523Elé21uniiorm__as_uell_as_oenerallu_io_LiTe
b5 iwilhiths BEBE £22 Xe i ,e;, e~ :_ e e
b2
b7E
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 casebycase 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
be addressed to field office Chief Division Counsel or to51¢ in the National Security Law Branch 7l
80[:1
LEIUJIS!:
Set Lead 1: Adm!
ALL BECEIVING OFElQ§§
Distribute to all supervisory personnel involved in
the investigation of counterintelligence, counterterrorism, and
cyber cases.
Ms. Caproni
Mr. Hulon
b6 - Mr. Berezna
sac -
O9
6 . .. . .This flexibility is conceptually analogous to the provision of ECPA,
Section 2706, which authorizes oourtordered compensation when a criminal
legal process seeking telephone records is especially burdensome. See
footnote 5.
SUGGESTED FORM LETTER TO NSL RECIPIENT
ALL INFORPIATIDN CONTAINED
I-[EREILI I3 UNCLASSIFIED
[Name and address of NSL recipient] -nrmImam-movsrssrwxmmuonwm
W 1073946
RB: Cost Reimbursement for National Security Letter
Invoice No: if relevant!
Invoice Dated: if relevant!
Dear POC!,
This letter references the above invoice directed to
this office in which you request payment for producing records to
the FBI in response to am§ational Security Letter NSL! issued on
[Date of Issuance].
The federal statute under which the NSL to your company
was issued,[Electronic Comunications Privacy Act ECPA!, 18
U.S.C. § 2709, or Fair Credit Reporting Act, 15 U.S.C. § 1681v],
does not authorize cost reimbursement. [FOR ECPA: While certain
other methods of legal process are subject to cost reimbursement
under ECPA, Section 2?06, the enumerated list of provisions does
not include Section 2709.] [For FCRA: While certain other
methods of legal process are subject to cost reimbursement under
FCRA, including Section l681u, there is no such comparable
provision for cost reimbursement for Section 168lv.] Therefore,
absent a specific provision providing for cost reimbursement, no
entity or person is entitled to reimbursement for complying with
federal legal process. Hprtado_viiQnited_§tates, 410 U.S. 578
973!.
Therefore, it is the FBI's position that cost
reimbursement for NSL compliance is not specifically authorized
under {ECPA Section 2709 or FCRA Section 1681v].
[TO BE USED FOR RECIPIENTS WHO HANE BEEN REIMBURSED IN
THE PAST: We recognize that in the past, your company may have
been reimbursed for compliance with NSLs. However, the FBI has
reevaluated its position in that regard and determined that in
order to assure fair and equal treatment of all NSL recipients, a
uniform posture is required as to the appropriateness of
reimbursing recipients of NSLs for their compliance in the
absence of statutory authorization for such reimbursement. The
FBI has decided that payment is not appropriate in these
circumstances.]
if i & i il
Please feel free to contact the undersigned should you
wish to discuss this further. This office greatly appreciates
your timely compliance with NSL requests, which assists us in
fulfilling our investigative responsibilities and efforts to
further the national security interests of this country.
Sincerely yours,
{NAME or SAC or SSA]
{Positionl
[Name of Field Office]
i Y
FEDERAL BUREAU OF INVESTIGATION
FOIPA
DELETED PAGE INFORMATION SHEET
Serial Description ~ COVER SHEET 050212007
Total Deleted Page s! - 2
Page 5 ~ b2, bTE
Page 6 ~ b2, b7E
'§"?OEIEI';=sP§§2*L§ X
1 lLS.DeparunenlofJusce_ ml . _.. =Z.1;,-=:!_,~.. _I; . I'Q3 }¢g- FederalBureau oflnvesugauonway»
Washington, 0. c. 20535-0001 l
[DRAFTING DIVISION]
[STREET ADDRESS]
[CITY,STATE, ZOP CODE]
[MONTH DAY, YEAR]
IM./MRS/M$.] [COMPLETE POC NAME][TIIrLEf IF AVAILABLE] ALL IHFGPHRTIDN CONTAINED
[COMPANY ml HEREIN I5 UNCLLSSIFIFED I
[CITI, STATE - N0 ZIP CODE] 1075735
DEAR [MR./MRS./MS.] [LAST NAME]:
Under the authority of Executive Order 12333, dated
December 4, 1981, and pursuant to Title 12, United States Code
U.S.C.!, Section 34l4 a}{5!, you are hereby directed to produce
to the Federal Bureau of Investigation FBI! all financial
records pertaining to the customer s! and/or accounts listed
below:
NAMEIS! [if available]
ACCOUNT NUMBER s!: [if available]
SOCIAL SECURITY NUMBER{S!:[if available]
DA'1'E S! or BIRTH: [if available]
[FOR PERIOD FROM INCEPTION TO PRESENT]
or
[FOR PERIOD FROM [SPECIFIC DATE] TO [SPECIFIC DLEE1
or IPRESENTI]
Please see the attachment following this letter for the
types of information that your financial institution might
consider to be a financial record.
If the time period noted above is to the "present,"
that term is intended to direct production of information to the
date of the processing of this letter. If providing information
to the date of processing is not feasible, please provide
information to the date of receipt of this letter.
i if 1 i
[M./MS./MS./ COMPLETE NAME]
In accordance with Title 12, U.S.C. Section
34l4{a![5![A}, I certify that these records are sought for
foreign counterintelligence investigation purposes to protect
against international terrorism or clandestine intelligence
activities, and that such an investigation of a United States
person is not conducted solely on the basis of activities
protected by the First Amendment to the Constitution of the
United States.
In accordance with Title-12; U.S.C., Section 3403{b!, I
certify that the FBI has complied with all applicable provisions
of the Right to Financial Privacy Act.
[Certification: The nondisclosure requirement is not an automatic
feature of the NSL. If the supporting EC for this NSL included
Option 1 Invoking the Nondisclosure Requirement! then include
the language in the following 3 paragraphs in the NSL.]
In accordance with 12 U.S.C. S 3414 a}J D!, I
certify that a disclosure of the fact that the FBI has sought or
obtained access to the information sought by this letter may
endanger the national security of the United States, interfere
with a criminal, counterterrorism, or counterintelligence
investigation, interfere with diplomatic relations, or endanger
the life or physical safety of a person. Accordingly, 12 U.S.C.
§ 34l4 a!{5! D! prohibits you, or any officer, employee, or agent
of yours, from disclosing this letter, other than to those to
whom disclosure is necessary to comply with the letter or to an
attorney to obtain legal advice or legal assistance with respect
to this letter.
In accordance with 12 U.S.C. § 3414 a!{5}{D} iii!, you
are directed to notify any persons to whom you have disclosed
this letter that they are also subject to the nondisclosure
requirement and are therefore also prohibited from disclosing the
letter to anyone else.
In accordance with 12 U.S.C. § 34l4 a}] D] iv}, if
the FBI asks for the information, you should identify any person
to whom such disclosure has been made or to whom such disclosure
will be made. In no instance will you be required to identify
any attorney to whom disclosure was made or will be made in order
to obtain legal advice or legal assistance with respect to this
letter.
[Include the following language in all NSLs.]
2
b2
b7EI1-__ 1|
[M./MRS./MS./ COMPLETE NAM]
In accordance with 18 U.S.C. § 35ll{a! and b}!, you
have a right to challenge this letter if compliance would be .
unreasonable, oppressive, or otherwise unlawful and the right to
challenge the nondisclosure requirement set forth above.
In accordance with 18 U.S.C. § 3511 !, an unlawful
failure to comply with this letter, including any nondisclosure
requirement, may result in the United States bringing an
enforcement action.
"d The FBI does not intend to suqgest,_bythe service of.rmN§Lemem. ;1;i. I
[W _ _ dl the non-disclosure provision setforth abovejprohibitsrthe HLSCIOSUEE of the fact of 'Further, should you decide to consider[:ii:fffiff;:::]
e FBI requests that you please notify the e ow poin
o t prior to takin such action, inasmuch as 1t_1s _ _ Zexpected that informationj _ _ i i I
L r -_ ._ ._ ._ I __}
You are directed to provide records responsive to
this letter [personally to a representative of the [DELIVERING
DIVISION]_OR through use of a delivery service to the [OFFICE OF
ORIGIN] OR through secure fax] within [xxxx] business days of
receipt of this letter.
Any questions you have regarding this letter should
be directed only to the [IDELIVERING DIVISION] OR [OFFICE OF
ORIGIN],_depending on whether service is personal or through e
delivery service or fax]. Due to security considerations, you
should neither send the records through routine mail service nor
disclose the substance of this letter in any telephone
conversation.
Your cooperation in this matter is greatly
appreciated.
3
b2
b7E.Sincerely,
IADIC/SAC NAME]
[ASSISTANT DIRECTOR IN
CHARGE]
SPECIAL AGENT IN CHARGE]
*-
92 1
4
i i i i
{Rev U]-1|-2003!
FEDERAL BUREAU OF INVESTIGATION
Precedence: ROUTINE Date: 00/00/2007
To: General Counsel Attn: Julie Thomas
Deputy General Counsel, NSLB
[COUNTERTERRORISM/ Attn: [UNIT]
COUNTERINTELLIGENCE/CYBER]
[REQUESTING OFFICE] Attn: SSA [SQUAD SUPERVISOR]
SA [case AGENT]
[OFFICE OF ORIGIN] Attn: SA [CASE AGENT]
I5QUAD1 [X1
[DELIVERING DIVISION] Attn: SSA [SQUAD SUPERVISOR]
if using personal service}
From: [nnnrmruc nxvzszonl
[APPROVING OFFICIAL][$QURD] [X]
Contact: [CASE AGENT, telephone number 00! 000-0000]
Approved By: [ADIC NAM, IF APPLICABLE]
[SAC NAME]
[ASAC NAM]
[CDC NAME]
[SSA NAME]
Drafted By: ILABT, FIRST MIDDLE: INITIALS]
[CASE FILE NUMBER] Pendin ! IEIECLASSIFIED BY |55l79_-"DIH'!/'K$RIRIi
~~ Title; m¤ [suaancrl9 uu as-u?-2001
[AKA] {AL1As, IF APPLICABLE] 1075735
[IT/FCI - FOREIGN rowan]
[OO: OFFICE OF ORIGIN]
Synopsis: U! [NSLFR! Approves the issuance of an Right to Financial
Privacy Act RFPA} National Security Letter NSL! for financial
records; provides reporting data; and, if necessary, transmits the NSL
for delivery to the financial institution.
SECRET ;>§¬: kberive Frm : G-3
Declaeeify . 0- 3 bagggl on
n crma ' n the EC]
__ __"_ _i_i
_____,_hH //_.
x_,ssei=ts'1'92
To: [c-rn/co] From: Innarrruc nzwrszon]Re: On? [cast FILE NUMBER, 00/00/20011/
[FULL/PRELIMINARY] Investigation-Instituted:9>%¬ O0/00/2007
Reference: [case FILE ummrn ssnnu. xxx]
Enclosure s!: U! Enclosed for [DELIVERING DIVISION or OFFICE OF
ORIGIN, depending on whether service is personal or through restricted
delivery service] is an NSL dated [00/00/2006], addressed to ICOMEANY
POC NAME], [TITLE if available!], [COMPANY NAME], [COPANY RDDRESS -
NO P.O. BOX], ECITY, STATE - NO ZIP CODE if using personal service],
requesting financial records of the customer listed.
DetailsE "}%§i A [FULL/PRELIMINARY] [FOREIGN COUNTERINTELLIGENCEI
INTERNATIONAL TERRORISM] investigation of subject, a [U.S. PERSON/NON-
U.S. PERSON], was authorized in accordance with the Attorney General
Guidelines because [Give a full explanation of the justification for
opening and maintaining the investigation on the subject; barebones
facts will not suffice and will cause the request to be rejected for
legal insufficiency]. These financial records are being requested to
[Fully state the relevance of the requested records to the
investigation].
~~~~~ """:}§[ This electronic communication documents the [APPROVING
OFFICIAL's] approval and certification of the enclosed NSL. For
mandatory reporting purposes, the enclosed NSL seeks financial records
for [NUMER OF] [individual sl/account s!] from [financial institution
#1]; [NUMBER OF] [individual s!/accounts] from [financial institution
#2], etc. [In the case of multiple accounts to the same financial
institution, if you know how many different persons attach to those
accounts, please state. Provide the USP status of all the persons
about whom the requests are seeking information, including the subject
of the investigation. In other words, do your best to give as much
information as you can, for congressional reporting purposes.]
U1 Arrangements should be made with the financial
institution to provide the records [personally to an employee of the
DELIVERING DIVISION OR through use of a delivery service or secure fax
to OFFICE OF ORIGIN] within [NUMBER OF] business days of receipt of
this request. The financial institution should neither send the.
records through routine mail service nor utilize the name of the
subject of the request in any telephone calls to the FBI.
DISCLOSURE PROVISIONS
[Option 1 - Invoking Nondisclosure Requirement]
@<
_ _ i--|: 1 III i
RR
EZ S
To: _[C?D/CD] From: [DRAFTING DIVISION]
Re. U! - >1-K [cast FILE ummsn, 00/00/20011
U! In accordance with 12 U.S.C. § 34l4 a!! D!, I, the
senior official approving this EC, certify that a disclosure of the
fact that the FBI has sought or obtained access to the information
sought by this letter may endanger the national security of the United
States, interfere with a criminal, counterterrorism, or
counterintelligence investigation, interfere with diplomatic relations,
or endanger the life or physical safety of a person.
H-~-_~~~"";Ei Brief statement of the facts justifying my certification
' " in this case:
[Option 2 - Declining to invoke the nondisclosure requirement]
U! I, the senior official approving this BC, have determined
that the facts of this case do not warrant activation of the
nondisclosure requirements under the applicable National Security
Letter statute.
[Include the next 2 paragraphs in all ECs.]
U! Information received from a financial institution may
be disseminated in accordance with the Attorney General Guidelines for
FBI National Security Investigations and Foreign Intelligence
Collection, and, with respect to dissemination to an agency of the
United States, only if such information is clearly relevant to the
authorized responsibilities of such agency.
U! Any questions regarding the above can be directed to
[CASE AGENT, telephone number 00! 000-0000].
>§<
i i 1 1 1 ' 7
era //
k
To: jCTD/CD] From: [DRAFTING DIVISION] U? 'Re:- iii {case FILE NUMBER, 00/00/2007]
LEADIB!:
Set Lead 1: Action!
GENERAL COUNSEL
AT WASHIEGTON, DC
U! NSLB is requested to record the appropriate information
needed to fulfill the Congressional reporting requirements for NSLs.
Set Lead 2: Info!
[QOUBTEREERRORISMICOUHTERINTELLIGENCE/CYBEQ]
AT WASHINGTON, DC
U! At [Unit] Read and Clear
Set Lead 3: Action!
s Lgsiryzarqo4p1v1§;9u_;*ir%g ing_person;1 sergige]
[A C T STATE]
{U} Deliver the attached NSL as indicated above. Upon
receipt of information from the financial institution, [DELIVERING
DIVISION] is requested to submit results to [DRAFTING DIVISION] and
[ossxcm or onrszu, if applicable].
GO
I-IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII-I-IiIIIIIIII
_ A 7 _ 7
Rcv_03-UH-1006]
FEDERAL BUREAU OF INVESTIGATION
Precedence: ROUTINE Date: 03/9/2006
TO: All Divisions Attn: ADIC, AD, DAD, SAC, CDC
From: Office of the General Counsel National Security Law
Branch ~ * ~, 4W 1
Contact: l_ iw Tm f__ ___Z___ _ _W ti _ _l
b, _ ALL INFORMATION CONTAINEDbgc Approved By. Mueller Robert S III HEREIN I5 WCLASSIFIEDb2 l ' " W DATE III6D'?ZlIIU'? BY 551?-%PPU'I.-K5R/R75
Drafted By:
y 1076786Case ID #: 319XHQ-A148772O-OGC Serial 210
Title: NATIONAL SECURITY LETTERS
DELEGATION OF SIGNATURE AUTHORITY
DELEGATION OF NON-DISCLOSURE CERTIFICATION AUTHORITY
DELEGATION OF NON~DISCLOSURE RECERTIFICATION AUTHORITY
Synopsis: Delegates signature authority for National Security
Letters under the Electronic Communications Privacy Act, 18
U.S.C.§ 2709, the Fair Credit Reporting Act, 15 U.S.C. §§ l68lu
and l68lv, and the Right to Financial Privacy Act, 12 U.S.C. §
34l4 a!!. Also delegates authority for certification of the
necessity for nondisclosure of such national security letters
and recertification of the necessity for nondisclosure of such
national security letters under the aforementioned statutes.
Details: The USA Patriot Improvement and Reauthorization Act of
2005 USAPA IRA! was enacted into law on March 9, 2006. It
provides for procedural changes in the issuance of national
security letters NSLs!. It provides that in order for the FBI to
require that the recipient not disclose the fact of.the request,
the FBI must certify that certain harm may come were the request
to be disclosed. If challenged more than one year later, the FBI
must recertify that certain harm may come were the request to be
disclosed. Further, the USAPA IRA provides that the NSL
recipient may also challenge the receipt of the NSL itself. On
the other hand, the FBI now has explicit enforcement authorityago contempt penalties that attach to unlawful noncompliance with
t e NSL.
Specifically, the USAPA IRA provides, with respect to
each of the NSL statutes set forth above, that a nondisclosure
requirement attaches to the NSL "[i]f the Director of the Federal
Bureau of Investigation, or his designee in a position not lower
than Deputy Assistant Director at Bureau headquarters or a
Special Agent in Charge in a Bureau field office designated by
IIIIIIIIIIIIIIiIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII---------III-I
To: All Divisions From: OGC
Re; , O3/9f2006
the Director, certifies that otherwise there may result a danger
to the national security of the United States, interference with
a criminal, counterterrorism, or counterintelligence
investigation, interference with diplomatic relations, or danger
to the life or physical safety of a person. Once such a
certification is made, if unchallenged, neither the recipient "or
officer, employee, or agent of {such recipient] shall disclose to
any person jother than those to whom disclosure is necessary to
comply with the request or an attorney to obtain legal advice or
legal assistance with respect to the request!" that the FBI has
sought or obtained access to the records. ~-
There is a second nondisclosure certification provided
by the USAPA IRA. If there is a challenge to the nondisclosure
provision one year or more after the request is made, the
Director or his designee, as defined above, may terminate the
nondisclosure requirement or recertify that disclosure may result
in the harm enumerated above.2
Thus, via this EC, I am delegating the authority to
make the initial nondisclosure certification and any necessary
subsequent nondisclosure recertification. However, in order to
assure consistency between the persons to whom the nondisclosure
certifications are delegated and the persons to whom signature
authority is delegated, I am also revisiting the issue of the
personnel to whom signature authority for NSLs has been
delegated.
Since the enactment of the 2001 USA Patriot Act, which
expanded the scope and availability of national security letters,
I have issued several Electronic Communications delegating
signature authority for such investigative tools. In light of
the reorganization of the FBI, and specifically, the creation of
the National Security Branch, it has become necessary to revise
The language in the USPAP IRA with respect to each of the NSL statutes is
identical, accounting for the different recipients, except that the language in
the 16Blv NSL statute applies to government agencies which conduct international
terrorism investigations, rather than only the FBI, and the designee provision
simply states that the government agency head or his designee may certify the
danger that would arise from disclosure. It does not otherwise place any
restrictions on the agency head's designee. However, for purposes of consistency,
the nondisclosure certification delegation for l681v will be made at the same
level as the non-disclosure certification delegations for the other NSL statutes
3 There is also a provision under which, if a challenge to the non-
disclosure provision is filed within one year of the request, a certification by
the Director of the FBI will be treated as conclusive unless the court finds that
the CGItlflC6LlOn was made in bad faith.
2
IIIIIIIIIIIIIIIIII-III-I-I-I----I---------------------------
To: All Divisions From: OGC
Re: , O3/9/2006
those delegations in order to assure that all persons with legal
authority to sign NSLs have in fact been delegated such
authority. Moreover, it also makes sense to have all such
delegations consolidated into one document.
Thus, the following delegations are being made for
purposes of providing signature authority for NSLs and also
providing the authority to initially certify as to the necessity
for nondisclosure of the NSL request and the authority to
recertify if the nondisclosure provision is challenged one year
or more after the request. Most_of the signature delegations
already are in effect, while those that are created by this BC
will be so noted. Nonetheless, this EC provides an exhaustive
list of all of those FBI persons with NSL signature authority and
nondisclosure certification and nondisclosure recertification
authority.
Thus, as now permitted by ECPA, the FCPA, and the RFPA,
I hereby delegate certification signature authority, non-
disclosure certification authority and nondisclosure
recertification authority for NSLs to the following FBI
Officials:
1. The Deputy Director;
2. The Executive Assistant Director for
the National Security Branch;
3. The Assistant Executive Assistant Director for
the National Security Branch;
3This EC consolidates, and to the extent set forth below, revises, the
delegations that took effect pursuant to the following ECs: 66FHQA12S5972,
Serial 15, 66F-HQAl255972, Serial 31: 66FHQ-Al255972, Serial 33; and 66F-HQ-
A1255972, Serial 35. The EC, 66FHQAl255972, Serial 33, providing for delegation
of signature authority to The Senior Counsel for National Security Affairs is
hereby rescinded, as that position no longer exists. Those portions of 66FHQ
Al255972, Serials 31 and 35, which delegate signature authority to the Executive
Assistant Director for Counterterrorism/Counterintelligence, are hereby rescinded
as that position no longer exists.I
The delegations of signature authority to the Executive Assistant Director
and the Assistant Executive Assistant Director for the National Security Branch
are new delegations, as those positions have just recently been created.
3
----II-IIIIIIIIIIIIIIII-----------------------------_
ii 1 1 Ill? Ni
To: All Divisions From: OGC
Re; , 03/9/2006
4. The Assistant Directors and all Deputy
Assistant Directors of the Counterterrorism,
Counterintelligence,5 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 separate authorities.
Because an NSL warrants signature does not necessarily mean that
it warrants inclusion of a nondisclosure provision. Because an
NSL once warranted a non~disclosure provision does not mean that
one year later, it continues to warrant a nondiscloSure
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
nondisclosure because one of the enumerated dangers may arise
from disclosure.
5 The Counterintelligence Division was denoted in its previous signature
delegation by its prior incarnation, as the National Security Division. See 66F-
HQ-h1255972, Serial 15. This delegation brings its designation terminology up to
date.
While Counterintelligence Division and Cyber Division personnel are being
given signature and nondisclosure certification and recertification authority for
all NSLs, it is expected that they would rarely exercise that authority in the
case of l681v NSLs {which signature authority they have not had to date!, which
are limited to use 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 1681v NSL.
7The 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-A1255972, Serials 15, 31. This
delegation brings its designation terminology up to date.
4
To: All Divisions From: OGC
Re: , O3/9/2006
LEAD:
Set Lead 1: adm!
1;92_LL RECEIVING OFFICES
Disseminate to personnel involved in CI, IT, and
Cyber operations and to other personnel as appropriate.
5
Rev 0|-31-200]!
FEDERAL BUREAU OF INVESTIGATION
Precedence: PRIORITY Date: 03/09/2007
To: All Divisions Attn: ADs
Prom: Records Management
RPAS/5334 _
Drafted By: OClair Debra Anne DATE 06-06-2013? BY 65l'?9;I1P1I'i/Is°5R/RIJDADs
SACs
ADICs
ASACS
CDCs
Contact: Debbie O'Clair, 202-
Approved By: Hooton William L
Caprgni Valerie E ALL INFORHATIDN CONTAINED
HREIH IS UNCLASSIFIED
Case ID #= 3l9W~HQAl4B7699R.MD 1076186
Title: PROCEDURAL AND OPERATIONAL ISSUANCES -
RECORDS MANAGEMENT DIVISION IRMDP
Synopsis: Provides immediate interim guidance related to records
management of National Security Letters {NSL1.
Details: The below guidance is provided as an immediate interim
solution to the proper recording of NSLs-
NSLTSI
NSLTTR
NSLESI
NSLETR
NSLFROriginal signed NSLs are to be sent to the recipient.
Record copies of the NSLs are to be uploaded in the investigative
{NSL
_ -
To: All Divisions From: Records Management
Re: 319W-HQ-A1487699-RMD. 03/O9/2007
{issuing} office of the NSL in the "From" field when uploading
the NSL to ACS. For example if the Tampa Field Office SAC signs
off issuing an NSL for a Miami Field Office investigative case,
the "From" field in ACS should indicate Tampa even though the
Office of Origin is Miami.
In addition, reporting capability will be available
within the next several weeks which will allow offices to
generate reports of NSLs created by office, within a specified
date range to facilitate statistical reporting.
It should be noted this is an interim immediate
solution. Records Management Division {RMD} will host a working
group of Headquarters and field personnel on Wednesday, March 14,
2007, to develop a permanent solution which minimizes human error
and provides the necessary statistical reporting required.
Offices are invited to nominate names of conversant and well-
informed participants to attend this working group or participate
via video teleconference to RMD Assistant Section Chief, Debbie
OClair {via email!. it is not mandatory to nominate an
employee. and to ensure the working group is maintained at a
reasonable number, not every nominated employee may be selected,
but RMD seeks to ensure that the most affected stakeholders in
this issue, the field offices, are represented in devising a
resolution to this issue that is satisfactory to all.
2
To: All Divisions From: Records Management
Re: 319w-HQ-Al487699-RMD, 03/09/2007
LEAD B}:
Set Lead 1: Action!
ALL RECEIVING OFFICE5
Implement use of new NSL document types within AC3,
assist and advise NSL records personnel in using the appropriate
NSL document type for each document and to use issuing office of
the NSL in the" From field in ACS.
Q6
3
b6
In-:'C
b2 Rev. ll-31-2003!
FEDERAL BUREAU OF INVESTIGATION
Precedence: PRIORITY Date: O4/O7/2006
To: 'All Divisions '
From: Office of the General Counselt:.:| <20»
Approved By: Caproni Valerie El
Thcpmas Jtiliie F ALL INFORIIATIDN cmrramrv
"' * HEREIN Is tmctasatrtrn
DATE I36-tIIt5~2UU? BY 55l'39.-'DIl1'lf1"5R-R11!
Drafted By:
1076786
Case ID #= 319XHQ~A1487720OGC .
Title: U! -USA PATRIOT ACT RENEWAL NEW LEGISLATIVE CHANGES TO
FCI/IT LEGAL AUTHORITIES.
Synopsis: U1 Summarizes recent changes to national security
legal authorities as a result of the "USA PATRIOT
Improvement; and Reauthorization Act of 2005 Public Law
109-177! and the "USA PATRIOT Act Additional
Reauthorizing Amendments Act of 2006" {Public Law 109-
178}, and describes the preliminary implementation
procedures.
De tails : The President signed the USA PATRIOT Improvement and Reauthorization Act
of 2005" USA PATRIOT IRA! and the USA PATRIOT Act Additional Reauthorizing
Amendments Act of 2006" on March 9, 2006. The USAPA IRA makes permanent many of the '
sunseting provisions of the USA PATRIOT Act. Additionally, both laws make signicant
changes to many national security legal authorities, including National Security Letters NSLs!
and certain PISA-related provisions, and impose new reporting requirements. Moreover, the
new laws make changes in several substantive criminal laws, some of which may have
implications in national security investigations.
The National Security Law Branch of the Office of General Counsel is issuing
preliminary guidance on those portions of the two laws relating to national security operations.
The following summarizes authorities contained in sections of the bills, to include a summary of
potential changes in FBI operational procedures. Recipients should note that this is only initial
guidance; more detailed explanations and procedures may follow in subsequent communications.
' The USA PATRIOT Act refers to the Uniting and Strengthening America by
Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, which
was signed into law on October 26, 200i.
__ f *_ W
TO: All Divisions From: Office of the General Counsel
Re: 3l9X-HQA1¢l87720OGC, O4/U7/2006
The USA PATRIOT Act Improvement and Reauthorization Act of 2005 is
organized into the seven titles. Title I, which carries the same title as the overall bill, contains
the signicant changes to the FBIs national security tools? Titles II through VII contain several
other Acts and miscellaneous provisions:
- Title I - USA PATRIOT Improvement and Reauthorization Act
Title I makes most of the original sunset provisions of the original USA
PATRIOT Act permanent, though it creates new sunsets for the authorities in
section 206 PISA roving authority! and section 2I5 PISA access to business
records! of the USA PATRIOT Act, and section 600] Lone Wolf provision! of
the Intelligence Reform and Terrorism Prevention Act of 2004. it also extends the
duration of several PISA tools. Additionally, it makes signicant changes to the
National Security Letter statutes. Finally, the USAPA IRA requires new
Congressional reporting of the use of national security tools.
- Title ll - Terrorist Death Penalty Enhancement
This portion of the USAPA IRA entitled the Terrorist Death Penalty
Enhancement Act of 2005" makes adjustments to the death penalty procedures for
federal cases, including certain air piracy cases.
- Title III - Reducing Crime and Terrorism at Americas Seaports Act of 2005
This Title amends certain criminal statutes to strengthen maritime and seaport
safety.
- Title IV ~ Combating Terrorism Financing Act of 2005
This Title increases the penalties for terrorism nancing, and adds new terrorism-
related provisions to the specied unlawful activities that serve as money
laundering predicates including operating an illegal money transmitting business,
such as the common hawala network!.
- Title V - Miscellaneous Provisions
As recommended by the WMD Commission, this Title creates a National Security
Division within the U.S. Department of Justice, which is to be led by an Assistant
Attorney General for National Security.
2 Congress drafted the USA PATRIOT Act Additional Reauthorizing Amendments Act
of 2006 after the USA PATRIOT Improvement and Reauthorization Act of 2005. Congress used
the USA PATRIOT Act Additional Reauthorizing Amendments Act of 2006 to make additional
adjustments to the nondisclosure provisions of FISA Business Records and National SecurityIlgetters contained in the USA PATRIOT IRA, and to add the Privacy Protections for Library
atrons.
2
_ 7 _ _ YT 7*
To: All Divisions From: Office of the General Counsel
Re: 319XHQA1487?20~OGC. 04/U7/2006
Title VI ~ Secret Service Authorization and Technical Modication Act of
2005
As the Title suggests, it modifies certain authorities of the Secret Service.
Q Title VII - Combat Methamphetamine Epidemic Act of 2006
This Title creates regulations for the control of precursor chemicals and enhances
the criminal penalties for methamphetamine production.
USA PATRIOT IMPROVEMENT and REAUTHORIZATION
ACT of 2005.TITLE l -
This EC will not address the new sections of the USAPA IRA in sequence;
instead, the sections will be organized by national security tools.
SUNSET PROVISIONS
See. 102.. USA PATRIOT Act Sunset Provisions.
Section I02 repeals section 224 ofthe USA PATRIOT Act, making most of the
original sunset provisions pemianent. This section adopts a new 4-year sunset December 31,
2009! for sections 206 roving authority! and 215 business records! of the USA PATRIOT Act.
The now pennanent provisions of the USA PATRJOT Act are the following:
92 _200lProvisiori N I _ . _- . li H T W7 ll *7 C" T O C J O C W T 77 OTSections 201 8:202 3 Expanded*Titlfel predicates i i
V ,
eri mal investigations. 1
Section 204 I Clarication of Intelligence Exceptions from Limitations on
. lnterception and Disclosure of Wire, Oral and Electronic
Communications.n . .
Section 203 b! at <1! A lzlnforiiiation sharing of foreign intelligence otitairied in Titleilll and 7;
_ W. .. 92- usn PATRlOTAct i -' - DescriPti0nof.Provision
Section 20? 92 Extended duration of certain FISAs.
Section 209 i Seizure of voice mail with a search warrant.
Section 212 1 Emergency disclosures of e-mail and records by lSPs.7 _ 7 ___ __ __ _ __ __ _ __ _ _ _ T_ _ _ YWYY S,Section 2l4 S FISA pen/trap authority.
i Section 217 qnterception of computer trespasser communications. i
_ l
. Section 2 I 8 * Change in the probable cause signicant purpose"! standard of i
FISA.
QT" Woof. . . A A fiestas? W ~ _ _ : K "W K Hl6 Section 220 Nationwide search warrants for electronic evidence.
3
To: All Divisions From: Office of the General Counsel
Re: 3l9X~l'lQPt148T?2O-OGC, 04/O7/2006
Section 223 Civil liability for certain unauthorized disclosures.
Section i i f Immunity for compliance with PIS! wiretap. 0
Procedural Changes: None at this time. If necessary, additional guidance may be
issued in the future.
- Qi Ij'0VlSlCtl1W _ W ' New Sunset Date , -
FISA Roving authority g i December 31, i if
W? PISA Business Records_Authority f i December 31, 2009 _ if
Sec. 103. Extension of Sunset Relating to Individual Terrorists as Agents of a Foreign
Power.
Section 600l b! of the Intelligence Reform and Terrorism Prevention Act of 2004
IRTPA! addressed the lone wolf" terrorist by broadening the denition of the agent of a
foreign power" for any person other than a United States person to include a person who
engages in international terrorism or activities in preparation thereo f . The USAPA IRA
extends the sunset of this provision 4 years until December 31, 2009!.
Procedural Changes: None at this time. lf necessary, additional guidance may be
issued in the future.i Provision >- ' Y i u J ,' New SunsetD'atel-'1 "F:
FISA Lone Wolf December 31, 2009
rrss nugigton cannons _
Sec. 105. Duration of FISA Surveillance on Non~United States Persons under Section
207 of the USA PATRIOT Act. '
Section 105 extends the duration of both initiations and renewals of electronic
surveillance PISA § l05 e!!, physical search FISA § 304 d!!, and pen registerftrap and trace
surveillance PISA § 402 e!! for agents of a foreign power who are not U.S. persons.
Procedural C lgnges Related to thegI92le_wglflS_§t__Durations: DOJ Office of
Intelligence Policy and Review will implement these changes to the FISA process. The new
durations for non-United States persons are reflected in the chart below. Overall, the new
durations should translate into considerable savings in FBI and OIPR resources.
4
To: All Divisions From: Office of the General Counsel
Re: 3l9X-*l'lQ'F&148?'?2OOGC, O4/O7/2006
FISA Technique . - - Non-USP lnitiations - iiE;fo§iTi;;.;.1s - -
Electronic Sdriveiliance i *1 V days! W ff i TMPhysical Search i T20 days 1 I 1 7 iyear 7 Vi
Pen registerftrapiand trace H _ lyear SK _ i_ Wil_year _ _
The initiations and renewals for United States persons will remain the same.
if W_ WPiIiSA%Tecluiiciue' x" W W T USP_Ini_tiatior1s iii i Ni T iJSjFlRenewalsii-iii:
"T Electronic Suweillmifeg 9&1 df[Y§:__ A 9iYdaiiSW_W*_i_gg_g
Physical Search 90 days i i WW WW 957d-i'=tys 7
Pen registerltrapand trace i if 99 days Wig if at] T" K
EISA BUSINESS RECORD cannons
Sec. I06. Access to Certain Business Records Under Section 215 ofthc USA PATRIOT
Act.
. Section 106 makes the following changes to Sections 501 and 502 of the Foreign
intelligence Surveillance Act FISA! regarding access to 215 Business Records.
Procedural Llranges Related to FI_S_A_l_3_usiness Recgrclst FISA Business Records,
which have been the subject of much debate, have been modied to contain more safeguards to
protect civil liberties and privacy. These safeguards include special procedures and approvals-for
certain types of tangible things i.e., library records!, a directive to develop minimization
procedures, the recipients right to seekjudicial review of an order, and a recipients right to
disclose an order for the purpose of obtaining legal advice or for assistance in complying with the
order. The following charts surnrnarize signicant provisions in the new law.
Scope of FISA Business .. _' - ' This authority may be used to obtain any tangible things
Records authorityl; .| . '_ including books, records, papers, documents, and other
-_ _ -. __ _ _ .._;-' . iten1s!." This authority is broad, similar in scope to acriminal.- - - I _- grand jury subpoena.
.- .| ~ This authority requires additional procedures for certain special
. . - _ - '- categories of records see below!.
3 The changes included in this section also include the changes made by section 3 and 4
of the USA PATRIOT Act Additional Reauthorizing Amendments Act of 2006.
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Special Categories of
Tangible Things
' Special Categories:LCongress designated particular categories o_f records for special
procedures and approvals. The FBI will ElCi_]USl procedures to
account for the special designation.
Library circulation records, library patron lists, book sales
records, book customer lists, rearms sales records, tax return
records, educational records, and medical record containing
information that would identify a person.
~ Approval Level for
special categories:
___ _ __._ _._j
i * Congressional Qversight
of special eategones: " '
l
JThe Director of the FBI may delegate the authority to either -
- the Deputy Director of the FBI; or
- the Executive Assistant Director EAD! for National
Security or any successor position!.
No further delegation is allowed. g i
Attomey General must provide annual report April! to the
House Judiciary Committee HJC!, the House Permanent Select
Committee on Intelligence l-IPSCI!, the Senate Judiciary
Committee SJC!, and the Senate Select Committee on
Intelligence SSCI!.
- Number of FISA business record orders granted modied, or
i W W ll denied for the specialcategoriej oftangible_things._ _ _ W _
l Standard- Relevance:FISA Business Record The FBls facts must show that there are reasonable grounds to
believe that the tangible things sought are relevant to an
authorized investigation.
- Presumptive Relevance -
Test: " ' '
L; _ We _:___ we ___l
l
The tangible things are presumptively relevant if the facts show
they pertain to
i! a foreign power or an agent of a foreign power;
ii! the activities of a suspected agent of a foreign power who is
the subject of such authorized investigation; or
iii! an individual in contact with, or known to, a suspected agent
of a foreign power who is the subject of such authorized
investigations..."
FISA Business Record ._
Order: " " -' The order must describe the tangible things with sufcient
particularity to permit them to be fairly identied.
~ Date for return - the order will contain a date on which the
tangible things must be provided.
' Recipient must have a reasonable period of time to produce.
' The Order may only require production of tangible things that
would be available with a grand jury subpoena or a District
Court order in other words, privileges under the law will apply
to Business Record orders!. 1F
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FISA Business Record-
Nlon-Disclosure Provision:No person shall disclose the fact that the FBI has sought tangible
things. if i i .
disclosure: -- Exceptions to non- A recipient may disclose a FISA Business-Record Order to
! persons to whom disclosure is necessary to comply;
! an attorney to obtain legal advice or assistance with respect to
the production;
! a person as permitted by the FBI Director or designee!.
ll - Extension of _' 1;"
nondisclosure to others . l- if the recipient discloses to another person see exceptions
above!, the recipient shall notify the person of the nondisclosure
requirement. -
' The person to whom disclosure is made shall be subject to the
nondisclosure requirement.
- The FBI director or designee! may ask the recipient to identify
the other persons to whom disclosure of the Business Record
order will be made except that the recipient does not have to
identify the attorney!.
i Judicial Challenge of FISA
p Business Record authority:
- Challenging the order: . -ll ' l
l
l
up
- t
lThe recipient of a PISA Business Record order may challenge
the legality of the order in the Foreign lnteiligence Surveillance
Court.
- Recipient may move to modify or set aside the order.
- FISC may grant the rnotion only ifthe order does not meet the
requirements of FISA or is otherwise unlawful.
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- Challenging the non- . ' Not less than l year after the order, the recipient may move to
disclosure provision: modify or set aside the nondisclosure order.
i ] - FISC may grant such a motion only ifthere is no reason to
l believe that disclosure may endanger the national security of the
, U.S., interfere with a criminal, countcrterrorism, or
counterintelligencc investigation, interfere with diplomatic
relations, or endanger the life or physical safety of any person.
- The FISC will treat as conclusive a certication by the
Attorney General, Deputy Attorney General, an Assistant
, Attorney General, or the Director of the FBI that a disclosure
, may endanger the national security of the U.S. or interfere with
' diplomatic relations. _ _-
- Filings shall be under seal
M " _ - Chief Justice of the U.S., in consultation with the AG and thei ~ Security: C i F
l I . ' _lPt:ll,*will establish security me_asures.7 W __ _
Minimization ?rocedures Within 180 days of enactment, the Attorney General shall adopt
for PISA Business specic minimization procedures governing the retention and
s U Record 1 ' - , dissemination of FISA Business Record information.
l ~U.S. Person information: .1The minimization procedures should minimize the retention, and
I _ prohibit the dissemination, of nonpublicly available informationl " "- conceming unconsenting U.S. persons consistent with the U.S.
intelligence community need to obtain, produce and disseminate
foreign intelligence infon-nation. ' _ _ _ _ _ _ ___ _ e *' i
l
l * * d
l
92 - Evidence of a crime: .1 The procedures should allow for the retention and dissemination
l - F of infomiation that is evidence of a crime.B _ ____,_ __-_ ***,_,i_:
Procedural Changes Related to Congressional Ov_ersigl1_t_o§Fl§AiBnsiness
: The new law beefs up the Congressional reporting requirements for the FISA Business
Record authority. OIPR will have the responsibility for reporting the PISA Business Record
statistics to Congress.
Reporting Cycle: ' - Attorney General will report on an annual basis April of each C
- year!.
Congressional -. . -House Permanent Select Committee on Intelligence
Committees:_ ' House Judiciary Committee
_ _ . -Senate Select Committee on Intelligence
' - - 'Senate Judiciary Committee
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3 Reporting Categories: i l! Total number of applications for FISA Business Records.
{ 2! Total number of orders granted, modied, or denied.
i . - 1 ! Total number of orders granted, modied, or denied for the
i ii special categories of tangible things.. ' Library circulation records, library patron lists, book sales
- records, or book customer lists., - ' ' j ~ Firearms sales records.
i ~Tax return records.
, . -Educational records.
i 1 - Medical records containing infon-nation that would identify a
1 _ I - . - _ pCl'SOTI.
l Additional unclassied _ i, Annually April of each year!, the Artomey General shall makereport: -_ " 1, an unclassied report on the total number of FISA Businessi - l Records applications, and the total number of orders granted, l
' l modied or denied i. 2-2,, ._ can l _ W: __._ 2. __- W2- ._
Sec. 106A Audit on Access to Certain Business Records for Foreign Intelligence
Purposes.
Section l06A directs the Inspector General of the Department of Justice to
perform a comprehensive audit of the effectiveness and use, including improper or illegal use, of
the FISA Business Records authority. The audit will take place in two phases, covering the years
of 2002 to 2006.
grocedura1_,_ChaiigQ3;1ated to the Audit of FISA Business Records: The
inspector Generals Office of the Department of Justice D03 IO! started the audit process in
January 2006, in anticipation of the new USA PATRIOT improvement and Reauthorization Act.
lt will be incumbent upon the FBI to cooperate with the DOJ lG to complete the two-phased
audit. Per established procedures, the FBls Inspection Division will be the primary point of
contact for the DO] IG. Additional guidance may be published as the audit process continues.
i Scope of Audit: -' ' '_' The IG will perfonn a comprehensive audit of the effectiveness i - -. - - 1 - -- F _ ' and usc,including any improper or illegal use, of the i' . _ . _ _ ' investigative authority.
Timing of Audit; . ' if " For 2002, 2003, and 2004, the audit should be completed within
one year of enactment March 9, 2007!.
-_ . . _ _ For 2005 and 2006, the audit should be completed by December l- 1 31, 2007. i
Report results to Congress: 1, The {G shall submit the audit reports to 0 0 Z
, i _ . ' House Judiciary Committee.
1 , ' House Permanent Select Committee on Intelligence.
1, _ _ _ l - Senate Judiciary Committee.
if - i -i i f ~ Senate Select Committee on Intelligence.
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effectivenessiojf zAudit will look at iheitiibllowinghiaglhitgtiveness ~i
M the tool: _ _ - " I
, ' Categories of records obtained.
i . ' - The importance to the FBI and the IC of the infonnation
, obtained.
I 92 ' The manner in which the information is collected, retained,
l I analyzed, and disseminated by the FBI this will include an
I I, examination of the access to raw data provided by the FBI to .
other agencies of the Federal, State, local, or tribal governments,
. or private sector agencies!.I, j - The minimization procedures adopted by the AG.
. ~ Whether, and how often, the FBI used information to produce
analytical intelligence products for the FBI, the IC, or other p - _ Federal, State, local, or tribal govemment agencies. I
I I - Whether, and how often, the FBI provided the information to
law enforcement authorities for criminal proceedings.
I Examine the process: ' I The audit process will look at the following: i
, - How often the FBI requested DOJ to submit an application and i
the request was not submitted to the court including the basis
* a 1 for the decision!.
l " - Whether the court granted, modied, or denied the application.
- The justification for the failure of the AG to issue I
implementing procedures governing the requests in a timely
fashion, including whether the delay harmed national security.
; ' Whether bureaucratic or procedural impediments prevent the
1 FBI from fully using the authority. ~
FISA ROVING S_UR_VEl_LLANCE QHANGES
Sec. 103. Multipoint Electronic Surveillance Under Section 206 of the USA PATRIOT
Act.
This section modies FISA sections l04 a! and 105 !, to clarify the amount of
detail the FBI must provide to obtain a PISA roving surveillance order.
Procedural Qhanges Related to_FlSA_I;;ving Surveillance:
The application must now include a description of the specic target when the
target is identified by description rather than by name. The section also adds a return
requirement on the FBI in national security investigations. This is consistent with Congress
intent to provide an extra layer ofjudicial review and to prevent the potential abuse of this
investigative authority.
OIPR will implement the new requirements for the FISA roving surveillance.
OIPR and FBI OGC may develop more specic guidance on the new process for obtaining this
authority in the future.
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I Standard for roving , ~ The FISC must find the possibility of the target thwarting
p surveillance: _ ip surveillance based upon specic facts.
l . 1 - The order must describe the specic target in detail when
' authorizing a roving surveillance for a target whose identity is l
. rt i not know .
~ Return requirement: ' 1 ~PrcSurned 10 day notice the FBI applicant! must provide l
1 ' ~ notice to the court within l0 days unless the court finds good
- 3 cause to justify a longer period of up to 60 days. U
The FBI must inform the court: _ ~ The nature and location of new facility. l
= ' . * The facts and circumstances relied upon by applicant. l
i 1; ' Any new minimization procedures. .
_- _ l - The total number of electronic surveillances that have been or
ll 7 are being conducted under the roving authority. 7 7 _
Consistent with Congress intent to provide more oversight, the reporting
requirements for FISA roving surveillance have been changed. -
lijrogeduralg Changes Related to FlSABovingSutyeillancgTCongress,ion_al
Oversight: OIPR will maintain responsibility for reporting on the PISA roving surveillance.
iReporting cycle: i The iattomeveneral will repon on a semi-annual basis.
i Congressional - ~ House Permanent Select Committee on Intelligence
Committees: : _ _ l - Senate Select Committee on Intelligence l
' _ ' ' . _ ' ' - 92 - Senate Judiciary Committeelrte ~e~.e i *~ e V V j i e veer? V e
Reporting categories: - ' ~ Total number of applications made for orders and extensions. l
l - ' - Each criminal case in which information has been authorized
f -- ; _ -- ' _ I for use at trial, dtuing the period covered by such report. i
M - ' _; - 1 ~ Total number of emergency employments and total number of T
i _ . _ _ _ p subsequent orders approving or denying surveillance. T
Elsa QYLRSIQHI cnancss
In section 109 of the USA PATRIOT Act Improvement and Reauthorization Act,
Congress has implemented additional reporting requirements for the use of PISA physical search
authority and FISA pen registers and trap and trace authority. This section modies the reporting
requirements in FISA sections 306 and 406 b!.
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Congressional Reporting on FISA Physical Search authority:
i Reporting cycle: l Attomey General will report on agsemigannual basis.
i Congressional l - I-louse Permanent Select Committee on Intelligence i
Committees: ' House Judiciary Committee l
l
l~ ' Senate Select Committee on Intelligence l
1 - - Senate Judiciary Committee pl
Reporting categories: 92 Report the following regarding emergency physical searches ii _ - _ - - = - Total number of applications.
' _ _ ~ Total number of orders granted, modied, or_denicd.
- Number of physical searches involving the residences, offices, i
i or personal property of U.S. persons, and the number of
92 » occasions the AG provided notice
' Total number of emergency authorizations, and total number of ,
; 3 subsequent orders approving or denying the physical searches.
Congressional Reporting on FISA Pen Register and Trap and Trace authority:
i ~~~ ~ rzr r . 1 r "rm
Reporting cycle: _ 92 Attorney Ciencral willreport onga semiannual basis, g
Congressional l - House Permanent Select Committee on Intelligence l
Committeesf " ~ - House Judiciary Committee
~ - - - . - Senate Select Committee on Intelligence
i ' _ " '- - ~ Senate Judiciary Committee
i Reporting categories: iu Report the following regarding pen registersftrap and trace - i
. . '- __ _. - J ' Total number of applications.
' .- . - ' Total number of orders granted, modied, or denied. i
' . * Total number of emergency authorizations, and total number 92
_ __ subsequent orders approving or denying the pen registersftrapi - . ' . - and trace.
Ergedutal Changes Related to Enhanced C_ongres_sion_al Oyertjglit: if necessary,
OIPR and FBI OGC will publish guidance in response to the new provisions. OIPR will retain
responsibility for reporting to Congress on PISA related activities.
E__ISA_llEN_REGlSTER/T RAP AED T_Rr_§QEQHA_NQ;l_E§
Sec. 118. PATRIOT Section 214; Authority for Disclosure of Additional Information
in Connection with Orders for Pen Register and Trap and Trace Authority
under FISA.
Congress modied the FISA pen register and trap and trace devices authority to
give the FBI access to more information through this authority. The pertinent portion of the new
statute describing the information available to the FBI is reproduced here highlights added!:
PISA § 402 [S0 U.S.C. § 1842]. Pen registers and trap and trace devices for
foreign intelligence and international terrorism investigations.
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C! shall direct that, upon the request of the applicant, the provider of a wire or
electronic service shall disclose to the Federal officer using the pen register or trap
and trace device covered by the order
i! in the case of the customer or subscriber using the service covered by the
order for the period specied by the order! -
I! the name of the customer or subscriber;
ll! the address of the customer or subscriber;
Ill! the telephone or instrument number, or other subscriber
number or identier, of the customer or subscriber, including
any temporarily assigned network address or associated
routing or transmission information;
IV! the length of the provision of service by such provider to the
customer or subscriber and the types of services utilized by the
customer or subscriber;
V! in the case of a provider of local or long distance telephone
service, any local or long distance telephone records of the
customer or subscriber;
VI! if applicable, any records reecting period of usage or
sessions! by the customer or subscriber; and
VII! any mechanisms and sources of payment for such service,
including the number of any credit card or bank account utilized
for payment for such service; and
ii! ifavailable, with respect to any customer or subscriber of incoming or
outgoing communications to or from the service covered by the order .
I! the name of such customer or subscriber;
II! the address of such customer or subscriber;
Ill! the telephone or instrument number, or other subscriber
number or identifier, of such customer or subscriber, including
any temporarily assigned network address or associated
routing or transmission information; and
IV! the length of the provision of service by such provider to
such customer or subscriber and the types of services utilized by
such customer or subscriber.
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The chart below summarizes the information available through the new
adjustments to the PISA tool.
l Customerfsubscriber using the Information available through PRJTT:
service covered; _.
" ' - - 1 ' Name of the customer or subscriber.
' '- l. - Address of the customer or subscriber.
l - Telephone or instrument number, or other subscriber .
, number or identier, of the customer or subscriber, including
- any temporarily assigned network address or associated l
-. _i routing or transmission information.
92 ' - Length of service.
l - Types of service.
~ Any local or long distance telephone records of the
l customerlsubscriber. t
- Records reecting period of usage.
l , ~ Mechanisrnsfsources of payment, including the number of
' - .- l any credit card r bank account used l 0 . . l__,,_ _ _ , W , , ,i Customerlsubscriber of _ Information available through PR/'TT: l
*5 incoming or outgoing ' .- »
communications toffrorn the I - Name of customerfsubscriber.
service covered: -_ ' 1 * Address of customer/subscriber. ~
- ' - _ " - -- '- ' Telephone or instrument number, or other subscriber 92
l __ - - ' _ - ~ _ number or identier, including any temporarily assigned .
j ' ' - network address or associated routing or transmission l
1 . information.
; - Length of service.
1 ' Types of service._ - , r -r- +
The chart below summarizes the Congressional reporting requirements for the use
of the FISA pen register and trap and trace authority.
Reporting cycle: ' =_ _ Attorney General shall report on a semiannual basis.
Congressional '. i - House Permanent Select Committee on Intelligence
Committees?" ' - l-louse Judiciary Committee
_ ' " " ~ Senate Select Committee on Intelligence
- ' - Senate Judiciary Committee
§§e];Lorting_categorie_s: i ' Use of pen registers and trap and trace. K ii W W
rogeglu_ral_Changes Related to Pen RegistersfTrap_and_Tra , _ _ , , , _ _ ,__ ___, ce: OIPR will retain
the reporting responsibilities for the FISA pen registerftrap and trace authority
The FBI will now be able to obtain subscriber information including billing
information! with a FISA pen registerftrap and trace, without having to couple the request with a
FISA Business Record request. This provision should make this investigative tool more useful to
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the FBI. OIPR has already made the changes to its pen register//trap and trace format to take
advantage of the new provision.
EM ERQEPLC ll D.l.5CLQ$lJ R135
Sec. 10'? Enhanced Oversight of Good-Faith Emergency Disclosures Under Section
21.2 of the USA PATRIOT Act.
The emergency disclosure provision, codied at 18 U.S.C. § 2702 b! 8! & c!!,
provides law enforcement with the ability to gain quick access to e-mail content and records
under emergency conditions. The USA PATRIOT Act created the emergency disclosure
provision which explicitly permits, but does not require, a service provider most often an ISP! to
voluntarily disclose to law enforcement information, including e-mail content, in emergencies
involving a risk of death or serious physical injury. Such disclosures are outside of the
compulsory process subpoena, court order, and search warrant that is generally required
before law enforcement can obtain such information from a service provider. See, l8 U.S.C. §
2?03.
Section I0? makes changes to the emergency disclosure provision of 13 U.S.C.
Section 2702, including the requirement for more Congressional reporting, to deal with the
concern that this authority was not subject to sufficient Congressional,judicial or public
oversight. -
Procedural Qllanges Related to GoodFaith EmergencyZDisclosures: The Attorney
General must now report annually to Congress on the number of accounts subject to disclosure,
and the Attomey General must report the basis for the voluntary disclosures in investigations that
are closed without filing criminal charges. -
The F Bl will need to track the use of this investigative authority for reporting
purposes. The FBI will publish additional guidance on this issue as necessary.
Voluntary disclosure by lf the provider, in good faith, believes that an emergency S S
provider: _ ' ' -, . N involving danger of death or serious physical injury to any l
I . ' . f person requires disclosure without delay. ilieportingcyclet . " "i AttorneyiG eralslgllrepon on an K W S W Z_ p en .
Congressional ' i ~ House Judiciary Committee ll
Committees: _ 1 ' Senate Judiciary Committee r
Reporting categories; i ~ Number of accounts from which voluntary disclosures were W!
- _ "_ M received.
" _ ' l ~ Summary of the basis for disclosure where the investigation
- - ~, was closed without criminal charges. i
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- ELATIONAL SECURITY LETTlfl_R§
Sec. I15. Judicial Review of National Security Letters. _
- Title 18, Chapter 223 of the United States Code Witnesses and Evidence! is
amended to include a new section 3511 which provides for thejudicial review ofNSLs.
lfrogedural Charges R§l_at_ed_to_the Judicial Review of NSL§: This new section modifies
the NSL authorities under the Electronic Communications Privacy Act ECPA! l8 U.S.C. §
2'?09!. the Fair Credit Reporting Act FCRA! l5 U.S.C. § 16811.: and 15 U.S.C. §.l68lv!, and
the Right to Financial Privacy Act RFPA! l2 U.S.C. § 3414!, to make it clear that the recipient
may seek the help of an attorney,'and may challenge the legality of an NSL order and its non- ._...
disclosure provision in Federal District Court. A Federal District Court can modify or set aside
an NSL if it is unreasonable, oppressive, or otherwise unlawful. It continues to be important for
the FBI to serve l92'SLs only if the information sought falls within the statutory categories, and
which are not overly broad or oppressive.
Future practice will give the FBI an idea of how many NSL challenges can be expected in
a calendar year. If Federal grand jury practice is any indication, the number of NSLs challenged
on a yearly basis should be small. Regardless, the FBI Field Office will need to work with local
Assistant United States Attorneys when a recipient challenges the legality ofan NSL or the non-
disclosure provision. Additionally, FBI Field Ofces should immediately notify FBI OGC if
they receive notice of any challenge to an NSL or the NSLs nondisclosure provision. The
following chart breaks down the new provisions {includingjurisdictional issues!.
The new law also gives the U.S. government a mechanism to address the situation where
a recipient fails to comply with the NSL, which has been missing from the investigative tool in
the past. Again, this procedure will require the assistance of a local United States Attorney's
Office.
Judicial review ofNS_L - Jurisdiction: ln the us. District in which the recipient resides F
Recipient may challenge I. or does business.therequest!:_ ' _ T g _ * _ _ e ~ *
I _ I - ' ' "- - ' Recipient may ask court to set aside or modify request.
' 7 '_ __ _ - Court will grant the recipients motion if the NSL is
W ' - ' ' . unreasonable, oppressive, or otherwise unlawful.
The changes listed in this section also include the changes made by sections 4 and 5 of
the USA PATRIOT Act Additional Reauthorizing Amendments Act of 2006.
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Judicial review_ofNSL
nondisclosure provision
Recipient may challengethe nondisclosure . -
provision!: " _ .Re: 319X-HQA14B772OOGC, O4/O7/2006From: Office of the General Counsel
l
' Jurisdiction: In the U.S. District in which the recipient resides
or does business. -
l
l
l 1l~ Filed within one year of NSL request
* Court may modifylset 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
it relations, or endanger the life or physical safety of any person."
- Certication!Authorit-y level: Court will treat as conclusive
the certication by th_e,At'torney General, Deputy Attorney
i 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
t in bad faith!.'- Filed one year or more after the NSL 7 7 77 7 7
- Within 90 days of recipients petition, designated government
officials must either terminate the nondisclosure requirement or
l reccrtify that the disclosure may result in a danger to the
national security of the U.S., interference with a criminal,
counterterrorism, or counterintclligence investigation,
interference with diplomatic relations, or danger to the life or
1 physical safety of any person.
' Terminationmecertication Authority level: The Attorney
l General, Deputy Attorney General, an Assistant Attorney
General, or the Director ofthe FBl, orhis designee in a position
not lower than Deputy Assistant Director at FBI headquarters or
a SAC in an FBI eld ofce designated by the Director shall
either terminate the nondisclosure requirement or rccertify that
disclosure may result in a danger to the national security of the
U.S., interference with a criminal, counterterrorism, or
l counterintelligence investigation, interference with diplomatic
relations, or danger to the life or physical safety of any person.
- Conclusive: Certication 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!.
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_ _ H W p ,, , , ,, ,, ,_, ,,,_1,,,,,, ,._ ., . ,Failure to Comply; . E:The Attorney General may invoke the aid of a Federal District
It I UUI1. ,
' l - Jurisdiction: U.S. District in which the investigation is carried
l on, or the person or entity resides or does business or may be
, found.
l * Court may compel by ordering personfentity to comply. ,
, - ' Failure toiobey is punishableibyfcontempt. i
l Court Proceedings 8: ~ Court must close hearings to the extent necessary to prevent an
. Security: " unauthorized disclosure of NSL.
1. _ '_F__H - Petitions, lings, records, orders, and subpoenas must be keptl - I 1 under seal to the extent and as long as necessary to prevent l
. ' - unauthorized disclosure.
~ At g0vemrnents request, ex pane and in camera review of i
goven-tments submissions which may contain classied
1 l material. .
Sec. 116. Condentiality of National Security Letters.
Section I l6 makes changes to the National Security Letter authorities contained in_ the
Electronic Communications Privacy Act ECPA! 8 U.S.C. § 2709!, the Right to Financial
Privacy Act RPPA! l2 U.S.C. § 3414!, and the Fair Credit Reporting Act FCRA! I5 U.S.C. §§
l63lu and l68lv!.
For example, Congress used this section to clarify the application of NSLs [I8 U.S.C. §
2709 - telephone toll and transactional records] to libraries. A library is subject to an NSL only
if it falls within the denition 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 l5! 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 Changsalglated to National Security Letters Condentiality: To avoid
overstepping this authority, the FBI should not issue an NSL to a library unless the library is
acting as an intemet service provider and not merely providing intemet 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 signicant changes to NSLs regarding condentiality are common to all NSLs
used by the FBI. In order to activate the nondisclosure requirement, the NSLs must contain a
certication from the Director of the FBI, or a Special Agent in Charge in an FBI field office.
This new legislation allows designation of this certification to the SAC s in eld offices
designated by the Director." This language reects Congress intention that the delegation not
occur automatically, but that the Director must choose which offices needed, and were properly
I3
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To: All Divisions From: Office of the General Counsel
Re: 319XHQ~A1487?2O-OGCl O4/O7/2006 -
prepared to exercise, the delegated authority. The Director has made delegations to FBI Field
Offices in a separate communication. Field Offices with delegated authority will receive
instructions on the process of preparing and issuing NSLs instructions and updated forms will be
posted on the FBI OGC National Security Law Branch website!. The remaining changes are
summarized in the chart below. FBI OGC NSLB will publish additional guidance on this
authority as necessary.
Nondisclosure activated by- ' FBI certication: There may result a danger to the national
FBI Certication: security of the United States, interference with a criminal,
' . _ I counterterrorism, or counterintelligence investigation,
_ - .- ' . - interference with diplomatic relations, or danger to the life or . .- physical safety of any person, if a recipient discloses that the FBII ' has sought or obtained access to information or records under i
. _ 1 NSL statutes. I
l - Authority level: Director of the FBI, or his designee in a
l position not lower than DAD at FBI headquarters, or a Special
- p Agent in Charge in a Bureau eld ofce designated by the
" I '; Director. I
Y Exceptions - Recipient - Recipient may disclose to persons necessary to comply with
may disclose NSL request:_ .92 reguestr _ _ 7 _ 7 _ 7 7 l
- -. _ -- I _ - Attorney: Recipient may disclose to an attorney to obtain legal ,
ax . ,
l. _. advice or legal assistance reg ding any NSL request.I W . .. r e I e ~ e
ll Notice: . I ~ The NSL shall notify the recipient of the nondisclosure
I . . '._ requirement.
. _ - Recipient disclosing NSL to an individual necessary to comply l
q . - I or, to an attorney, shall inform them of the applicable
. ' __ - - "- nondisclosure requirement.
H FBI request for identity of ' ~ Only activated at the request of the FBI Director or Directors
persons _to whom'rec'ipient" l designee. qI plans to disclose NSL: ._ e _ ; * y _ We * j ~ m
92 - _ _ __ .- - = _ . .- ~ Recipient ofNSL shall identify the persons to whom disclosure
_ _ _ -. "_92~ will be made or was made.
"1 ' EXCEPT: Nothing requires the person to identify an attomey l
- . _ to whom disclosure was made or will be made to obtain legal
, ' " . ' I advice or legal assistance.
Sec. l 17. Violations of Nondisclosure Provisions of National Security Letters. .
This section makes it a federal crime for an individual to knowingly and with the intent to
obstruct an investigation or _]LlCllCl3l proceeding violate the nondisclosure provision of an NSL.
Procedural Changes Related to Yiolations of National Security Letter Nongdiscglosure:
None at this point.
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Obstruction of an ' Individual must have been notied of the nondisclosure
investigation l8 U.S.C. § provision.110: . ' * 7 C C 7 *7 .7 7 C77 75 ! ' - Individual must knowingly and with the intent to obstruct an
- investigation or judicial proceeding violate the nondisclosure
- provision.
- Punishable by up to ve years imprisonment a tine, or both. 3
Sec. 118. Reports on National Security Letters. --
Section l l3 of the USA PATRlOT Improvement and Reauthorization Act of 2005
outlines a new reporting scheme for National Security Letters.
Procedural Changes,Related__t_o National Security Letter Reporting: This section now
requires that NSL statistics be reported to the House and Senate Judiciary Committees, in
addition to the House Permanent Select Committee on Intelligence and the Senate Select
Committee on Intelligence. Additionally, Congress has directed that the NSL requests made
pursuant to the 15 U.S.C. § l68lv [Fair Credit Reporting Act] be reported semi-annually to the
I-louse Committee on Financial Services and the Senate Committee on Banking, Housing and
Urban Affairs, in addition to the House and Senate intelligence committees. These provisions
are consistent with Congress desire for more oversight of the national security investigative
tools. Finally, Congress has directed that the Attorney General provide an unclassied report
annually April! which will report the aggregate numbers of NSL requests concerning different
U.S. persons. With the unclassied report, Congress intends for the public to have a better view
of the material Congress sees in conducting its oversight responsibilities.
The FBl OGC5 National Security Law Branch and OIPR will provide future guidance On
the FBI s role in the reporting of NSLs.
i Current NSL Reports: '7AG r¢§Sn:<7ii17 sejnii-are-iiialibasis. 7 C Ci
i .. l - Reports will now also be made to the House Judiciary
; Committee, the House Permanent Select Committee on
* . Intelligence, the Senate Judiciary Committee, and the Senate
1 f "g - _ l Select Committee on intelligence.
Enhanced Oversight of 15 i * AG reports on a semi-annual basis.
, U.S.C.§ 168111 NSl_.s for _i -l credit agency wnsumcr - Reports will now also be made to the House .ludiciag7 C7records!: _ '-Comrnittee, the House Committee on Financial Services, the
. . ' - House Permanent Select Committee on Intelligence, the Senate
Judiciary Committee, the Senate Housing and Urban Affairs
l i JLQ0tl'lP'tltt¬¬l aird the Senate Select Committee on intelligence.
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To: All Divisions From: Office of the General Counsel
Re: 319XHQA148772OOGC, O4/O7/2006
Aggregate Report of NSL_ * AG reports annuaIly7 l92p|i_I7!. 7 7 W" _ 7
requests "' _ - Total number of NSL excluding NSLs for subscriber
' ' information! requests for information concerning different U.S.
- pelSOnS.
W, W, i i ' 7 ' Unclassied report.
Sec. 119. Enhanced Oversight of National Security Letters.
Consistent with Congress theme of more oversight, Congress has directed that the
lnspector_GcncraI of the Department of Justice shall perform an audit -of the effectiveness and
use, including any improper or illegal use, of national security letters issued by the Department of
Justice.
Procedural_Changes Related to the Audit ofl92latio_nal S;:curity_Letters: This DOJ IG audit
of the use of NSLs, which began in January of 2006, will require the cooperation of the FBI.
Congress goal in this audit is to obtain detail on the specic functions and characteristics of
l92lSLs and an analysis of the necessity of this national security investigative tool. As with DO]
lGs audit of the FISA Business Record authority, the FBIs Inspection Division will be the
primary point of contact for the DOJ IG per established procedures!. The FBI OGC NSLB may
issue additional guidance as the audit process continues.
Requirements of DOJ IG : Comprehensive audit of-
-Audit: . , ' y
' -~ .- ' "' I ~ Use ofNSLs for 2003 through 2006. y
. _. ' 92 I - i ' Description of noteworthy factsfcircumstances, including any I
- - -_ 2 _ ' improper or illegal use ofNSLs.
Timing of Audit: _ ' ' For 2003 and 2004, must be completed not later than one year i
_ _ ' _ - _ . after enactment March 9, 2007!.
'- - - __ "' For 2005 and 2006, must be completed not Iaterthan December
I_' _ _' -_ ' 31,2007.
Congressional ~ - House Judiciary Committee and House Permanent Select
Committees: ' - _ - y Committee on Intelligence.
_ ' _ 92 ~ Senate Judiciary Committee and Senate Select Committee on I- _ . - ' 92 Intelligence. ;
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Re: 319XHQ~Al48?720OGC, 04/07/2006
Examine Effectiveness of i The audit will examine:
i NSLs: i
92 ' Importance of the information acquired by DOJ to the
t -l intelligence activities of DOJ and other members ofthe lC.
92 ~ How information is collected, retained, analyzed, and
y i. disseminated including access to raw data! to members of the IC
it community, and other Federal, State, local or tribal goverrunents,
' or private sector entities.
- l-low often NSL information was used to produce an analytical
" intelligence product for distribution to the IC community, and to
other Federal, State, local or tribal governments. 1
-~ * Whether, and how often, NSL information was provided to law
l enforcement authorities for use in criminal investigations.
=; - Following enactment of the USA PATRIOT IRA, the number
.. . ll of NSLs issued without the certification necessary to create a
' l nondisclosure obligation.
' Types of electronic communications and transactional
_ 1" T -» information obtained under § 2?09, and the procedures DOJ
' - used if content information is obtained.
7 77' 7 777" 7 _____ WT _ _ 7 _ -
Feasibility of - _ Not later than February 1, 2007, or upon completion of the i
Minimization Procedures: r 20030004 audit, the Attorney General and the Director of 1
= - ' . __ _ ;_- - National Intelligence shall jointly submit a report on the
. _ y feasibility of applying minimization procedures to protect the
-_ " constitutional rights of U.S. persons. i J
i - Report goes to the House Judiciary Committee, the House
» I Pemianent Select Committee on Intelligence, the Senate l
. _ " -, Judiciary Committee, and the Senate Select Committee on
:- 'a£'=_"i@<*"°e . ._. .
DELAYED NOTICE SE,ARCH_WARB,AblT§
Sec. 114. Delayed Notice Search Warrants.
The section changes the procedural requirements for the warrants and increases the
oversight of the delayed notice search warrants 8 U.S.C. § 3103a!. A major change is the
implementation of a 30 day notice requirement, as opposed to the former requirement of within
a reasonable period of the war-rants execution. '
Procedural Changes Related to Delayed Notice eagch Warrants: In applicable cases, the
FBI through the U.S. Department of Justice trial artomey or Assistant United States Attorney!
must provide the facts to a court to show there is reasonable cause to believe that providing
immediate notication of the execution of the wan-ant may have an adverse effect. The
showing will have to be updated for each extension.
22
T0: All Divisions From: Office of the General Counsel
Re: 319x-HQA1487720-OGC, O4/OT/2006
Notication Delay No more than 30 days or a later date certain if facts justify!.
- -undue delay of trial is not a basis for a delayed notice.
Extensions of Delays 90 days unless the facts justify longer!-- K n Z
rgranted upon an updated showing of the need for further delay.
. Reporting - . Annual reporting to Congress by Court starting with the scal
year ending September 30, 200?!.
OTHERLAW ENFOR_CElVLl;INTlCRlMINALJRELAIE-_D PRQVJSIQES
Sec. 104. Section 2332b and the Material Support Sections of Title 18, United States Code.
This section makes permanent the material support of terrorism provisions in section
6603 of the Intelligence Reform and Terrorism Prevent Act of 2004 8 U.S.C. §§ 2332b and
2339B!.
Procedural Changes: None at this time. If necessary, additional guidance may be issued
in the future. '
Sec. I I0. Attacks Against Railroad Carriers and Mass Transportation Systems.
This section merges wrecking trains l 8 U.S.C. § 1992! and attacks on mass transit l 8
U.S.C. § 1993! into one section - 18 U.S.C. § 1992. The new law expands the law to cover the
planning for such attacks, so it is now a federal crime to surveil, photograph, videotape, diagram,
or collect information as part of a plan for an attack.
Procedural Changes: None at this time. If necessary, additional guidance may be issued
in the future.
Sec. 111. Forfeiture.
This section expands the authorization to confiscate property located within the United
States when it constitutes proceeds used in or derived from trafficking in nuclear, chemical,
biological, or radiological weapons technology or material. '
Procedural Changes: None at this time. If necessary, additional guidance may be issued
in the future.
Sec. 112. Section 2332b g! S! B! Amendments Relating to the Denition of Federal
Crime of Terrorism.
This section adds drug trafficking in support of terrorism 1 U.S.C. § 960A! and
receiving foreign military-type training from a foreign terrorist organization 8 U.S.C. § 2339D!
to the denition of federal crimes ofterrorism 8 U.S.C. § 2332b g!! B!!. '
Procedural Changes: None at this time. If necessary, additional guidance may be issued
in the future.
23
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To: All Divisions From: Office of the General Counsel
Re: 3l9XHQP~.1¢l8'?'?2O-OGC, O4/O7/Z006
See. I13. Amendments to Section 2516! of Title I8, United States Code Title lll!.
This section adds 20 federal crimes related to terrorism to the list of predicate offenses
that may be used as a basis to intercept wire, oral, or electronic communications {I 8 U.S.C. §
25 l 6!!. The new wiretap predicates include the following:
[violence at international airports]
[animal enterprise _terrorism]
[arson within special maritime and territorial jurisdiction]
- 7'5, 175b, and l?'5c [biological agents]
32 [nuclear and weapons of mass destruction threats]
42 [explosive materials]
30 [possession of weapons in Federal facilities]
S6 [conspiracy to harm persons or property overseas]
023A [aggravated identity theft]
l l4 [killing or attempted killing of Federal employees, including any
member of the uniformed services]
* 18 U.S.C. §l l I6 [killing or attempted killing of certain foreign ofcials, including
internationally protected persons]
1992 [attacks on mass transit]
2340A [torture]
' 2339 [harboring terrorists]
2339D [receiving military-type training from a foreign terrorist
organization]
5324 [structuring transactions to evade reporting requirements]
46504 [assault on a -ight crew member with a dangerous weapon]
46505 b!! or c! [weapons offenses on board an aircraft]
Procedural Changes: None at this time. lf necessary, additional guidance may be issued
in the future.
Sec. 122. Prohibition ofNareo-Terrorism.
This section makes it a federal crime to engage in drug trafficking to benet terrorism
amended the Controlled Substance Import and Export Act - 21 U.S.C. §§ 951 et Seq.! To
prove this crime, the evidence must show that a defendant had knowledge that the person or
organization has engaged or is engaging in terrorism. '
Procedural Changes: None at this time. If necessary, additional guidance may be issued
in the future.
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To: All Divisions From: Office of the General Counsel
Re: 319> HQA1487'i'20OGC, O4/O7/2006
Sec. l24. Sense of Congress Relating to Lawful Political Activity.
Congress uses this section to express the sense of Congress that federal investiga_ti_ons
should not be based solely upon an American citizens membership in a non-violent political
organization or their otherwise lawful political activity.
Procedural Changes: None at this time. All employees are reminded, however, that
neither criminal nor national security investigations of U.S. persons may be predicated solely on
the exercise of First Amendment rights.
Sec. 127. Sense of Congress.
- Congress uses this section to express its sense that the victims of terrorist attacks should
have access to the forfeited assets of terrorists under 18 U.S.C. § 981.
Procedural Changes: None at this time. If necessary, additional guidance may be issued
in the future.
DATA,-MININQACTIVITIES
Sec. 126. Report on Data-Mining Activities.
lhis section requires the Attorney Genera] to report to Congress on any Department of
Justice including, the FBI! initiative that uses pattern-based data-mining or is developing pattern-
based data-mining. Among several topics, the report is to explain how any pattern-based data-
mining initiatives collect, review, gather, and analyze information, and how the initiatives will
ensure the accuracy of information and protect the privacy and due process rights ofindividuals.
The statute denes patteri-i~based data-mining as follows in section l26 b!!:
l! Data-Minirig.-The term data-mining means a query or search or other
analysis of one or more electronic databases, where-
A! at least one of the databases was obtained from or remains under the
control of a non-Federal entity, or the information was acquired initially by
another department or agency of the Federal Government for purposes other than
intelligence or law enforcement;
B! the search does not use personal identiers of a specic individual or
does not utilize inputs that appear on their face to identify or be associated with a
specied individual to acquire information; and
C! a department or agency of the Federal Government is conducting the
query or search or other analysis to nd a pattern indicating terrorist or other
criminal activity.
Procedural Changes:
FBI will participate in preparing the report.
25
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To: Al 1 Divis ions From: Of fice of the General Counsel
Re: 31'E3! l-lQF92l1-lB772OOGC, O4/U7/2006
TITLE II - TERRORISM DEATH PENALTY ENHANCEMENT
Among several provisions, this Title adjusts the Sentencing Guidelines to create a term of
post-incarceration supervision in connection with a conviction for a federal terrorism crime for
any term of years or for life and makes legal counsel available for death-penalty defendants.
Procedural Changes Relatedto il'1@_T¢Tjt!ll5m__[ltZEiIIJB¬I'i§it_92,[El1h31'tQ§m¬l'll; None at this
time.
TITLE III - REDUCING CRIME AND TERRORISM AT AMERICAS
SEAPORTS ACT of 2005
This Title strengthens statutes related to seaport and maritime safety. For example, the
Title prohibits the maritime transportation of weapons of mass destruction for use in a federal
terrorism crime l8 U.S.C. § 2283!. Additionally, it prohibits the maritime transportation of
terrorists I8 U.S.C. § 2284!. The following highlights some of the new provisions in Title III.
Sec. 305. Transportation of Dangerous Materials and Terrorists.
This section makes it a federal crime to transport aboard a vessel an explosive, biological
agent, chemical weapon, or radioactive or nuclear material with the intent that the material will
be used to commit a federal crime ofterrorism as dened in I8 U.S.C. § 2332b g!! B!!.
Procedural Changes: None at this time. If necessary, additional guidance may be issued
in the future.
Sec. 309. Bribery Affecting Port Security.
This section makes it a federal crime to give or take a bribe with the intent to commit
international or domestic terrorism affecting port security.
Procedural Changes: None at this time. If necessary, additional guidance may be issued
in the future.
Sec. 311. Smuggling Goods from the United States.
This creates a new federal crime for illegally smuggling goods from the United States.
Procedural Changes: None at this time. If necessary, additional guidance may be issued
in the future.
TITLE IV - COMBATING TERRORISM FINANCING ACT of 2005.
The U.S. Department of Justice indicated that this Title carries forward the overall .
strategy to stop terrorist-nancing by making several adjustments to criminal statutes. lt
accomplishes this goal by enhancing penalties for terrorism financing and prohibiting terrorism
nancing through informal money networks, including hawalas. Illegal money laundering
transmissions 8 U.S.C. § i960! are now predicates for racketeering RICO predicate list at 18
U.S.C. § l96l l!. Terrorism nancing I8 U.S.C. § 2339C! and the receipt of foreign military
26
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To: All Divisions From: Office of the General Counsel
Re: 3l9X*HQ-A14B772O'OGC, O4/O7/2006
training 8 U.S.C. § 2339D! are now added to the money laundering predicate offense list 8
U.S.C. § l956 c!! D!!. Finally, the Title authorizes the U.S. to conscate the U.S. property
related to certain acts of international terrorism against a foreign government or international
organization 8 U.S.C. § 98l a! l! G!!.
TITLE V - MISCELLANEOUS.
The Title creates a U.S. Department of Justice National Security Division which will be
headed by a statutory Assistant Attorney General.
Sec. S06. Department of Justice Intelligence Matters.
This new section establishes a National Security Division NSD! within the DO], headed
by an Assistant Attorney General for National Security AAGNS!. This reorganization of DOJ is
consistent with a recommendation by the WMD Commission that the Department of .lustices
primary national security elements - the Office of Intelligence Policy and Review, and the
Counterterrorism and Counterespionage sections - should be placed under a new Assistant
Attorney General for National Security."
On March 2, 2006, the U.S. Department of Justice stated the following:
This reorganization would bring together under one umbrella the attorneys from the
Criminal Division's Counterterrorism and Counterespionage Sections and the attorneys
from the Office of Intelligence Policy and Review OIPR!, with their specialized
expertise in the Foreign Intelligence Surveillance Act and other intelligence matters. The
new Assistant Attomey General will thus have all three core national security components
under his or her control. He or she will lead a dedicated team acting in concert to
accomplish their shared mission of protecting the national security while simultaneously
safeguarding Americans civil liberties. The Assistant Attorney General will also serve
as the Department's primary liaison to the new Director of National Intelligence, and the
new Division will gather expertise from across the Department to create a focal point for
providing advice on the numerous legal and policy issues raised by the Departments
national security missions.
Procedural Changes: The new Division will contain the Ofce of Intelligence Policy and
Review, the Counterterrorism Section and the Counterespionage sections. The FBI s working
relationships with these components will continue as normal. If the U.S. Department of Justice
issues specific guidance at a future date, the guidance will be communicated to the FBI.
TITLE VI - SECRET SERVICE AUTHORIZATION AND
.. TECHNICAL MODIFICATION ACT OF 2005.
The Title connns that the Secret Service is a distinct entity within the U.S. Department
of Homeland Security DHS!. Among several provisions, the Title establishes a rolling no
trespasszone for individuals under Secret Service protection. It also prohibits fraud in
connections with U.S. identication documents issued for a presidentially designated nationally
signicant event.
Procedural Changes Related to the Secret Service Act: None at this time. If necessary,
additional guidance may be issued in the future.
27
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To: All Divisions From: Office of the General Counsel
Re: 319XHQ~Al48772OOGC, 04/07/2006
TITLE VII - 50%?/IBAT METHAMPHETAMINE EPIDEMIC ACT OF
Congress meant to provide a comprehensive approach toward controlling the
methamphetamine problem. This Title increases the regulation of domestic and international
commercial transactions in methamphetamine precursor chemical and enhances the criminal
sanctions for methamphetamine related crimes, including the smuggling and selling of
methamphetamine. For example, the Title requires sale of products containing ephedrine,
pseudoephedrine, and phenylpropanolamine be limited to a 3.6 grams per customer per day, and
the products be available only behind the counter" at sales locations.
Procedural _C h an ges Re@ted_ to the_Co_m_l;at Me_tha_1Qphet_arnine Epidemic Act of 2005:
None at this time. If necessary, additional guidance may be issued in the future.
Questions and Additional Information:
The National Security Law Branch 02-324-Q is available to answer questions about
132 this legislation. In addition, materials relating to the new legislation will be posted on the NSLB
FBI Intranet website, which can be found through the FBI Office of General Counsel website.
LEAD s!:
Set Lead 1: Action!
aI.LRIiCE1vn§to OFFICES
Read and Clear
Q9
28
U.S. Department 0| Justice
,a£&%.
;%92 ,§r FcdcralBureau oflnvesganon
veg»
W:ishing10n,D. CYT2;tl§35-Unl
[DRAFTING DIVISION]
[STREET ADDRESS]
[CITY, STATE, ZIP CODE]
IONTH, DAY, YEAR]
[MR./MES./MS.] [Complete name] _
I-1-1TLE' 115' AVAILABLE] ALL INFORMATION CONTAINED
[IQAME OF COMPANY] HEPEIH IS UNCLASSIFIED
{PHYSICAL STREET ADDRESS _ No P_o_ Box] DATE 06-07-ZOO? BY 55.I.T9 I'I'Il'I;"KSP.;<]TJ
[CITY, STATE - NO ZIP CODE]
1076786
Dear [MR./MRS./MS.] [LAST NAME]:
Under the authority of Executive Order 12333, dated
December 4, 1981, and pursuant to Title 18, United States Code
U.S.C.}, Section 2709 Section 201 of the Electronic
Communications Privacy Act of 1986! {as amended!, you are hereby
directed to provide to the Federal Bureau of Investigation FBI!
the name, address, and length of service with respect to the
following email/IP account s!:
[provide either or both 1! peraon s! to who the email/IP
addresa es! is/was registered and/or 2!the email/IP addreas es!
[NAME OF PERSON S!]
[E-mail/IP RDDRESS E$!]
[ON A SPECIFIC DATE]
or
[FOR THE PERIOD FROM [SPECIFIC DATE] TO [SPECIFIC DAEE]
or IPRESENTJ]
If the time period noted above is to the "present,"
that term is intended to direct production of information to the
date of the processing of this letter. If providing information
to the date of processing is not feasible, please provide
information to the date of receipt of this letter.
In accordance with Title 18, U.S.C., Section 2709{b!, I
certify that the information sought is relevant to an authorized
investigation to protect against international terrorism or
clandestine intelligence activities, and that such an
[NULdRSWS|KXMPLETEP%MME|
investigation of a United States person is not conducted solely
on the basis of activities protected by the First Amendment to
the constitution of the United States.
[Certification: The nondisclosure requirement is not an automatic
feature of the NSL. If the supporting EC for this NSL included
Option 1 Invoking the Nondisoloaure Requirement! then include
the language in the following 3 paragraphs in the NSL.]
In accordance with 18 U.S.C. § 2709 c!!, I certify
that a disclosure of the fact that the FBI has sought or obtained
access to the information sought by this letter may endanger the
national security of the United States, interfere with a
criminal, counterterrorism, or counterintelligence investigation,
interfere with diplomatic relations, or endanger the life or
physical safety of a person. Accordingly, 18 U.S.C. § 2709 c! l!
and ! prohibits you, or any officer, employee, or agent of
yours, from disclosing this letter, other than to those to whom
disclosure is necessary to comply with the letter or to an
attorney to obtain legal advice or legal assistance with respect
to this letter.
In accordance with 18 U.S.C. § 2709 c!!, you are
directed to notify any persons to whom you have disclosed this
letter that they are also subject to the nondisclosure
requirement and are therefore also prohibited from disclosing the
letter to anyone else.
In accordance with 18 U.S.C. § 2709 c!{4J, if the FBI
asks for the information, you should identify any person to whom
such disclosure has been made or to whom such disclosure will be
made. In no instance will you be required to identify any
attorney to whom disclosure was made or will be made in order to
obtain legal advice or legal assistance with respect to this
letter.
[Include the following language in all NSLs.]
In accordance with 18 U.S.C. § 35ll a] and b}!,
you have a right to challenge this letter if compliance would be
unreasonable, oppressive, or otherwise unlawful, and you have the
right to challenge the nondisclosure requirement set forth above.
_ In accordance with 18 U.S.C. 5 35ll c!, an unlawful
failure to comply with this letter, including any nondisclosure
requirement, may result in the United States bringing an
enforcement action.
2
1MR.fMRS.!MS] |COMPLETE NAME]
You are directed to provide records responsive to this
letter [personally to a representative of the [DELIVERING
DIVISION] OR through use of a delivery service to [OFFICE OF
ORIGIN] OR through secure fax] within [xxxx] business days of
receipt of this letter.
Any questions you have regarding this letter should be
directed only to the [[DELIVERING DIVISION] OR [OFFICE OF
ORIGIN],_depeq§ing on whether service is personal or through a
delivery service]. Due to security considerations, you should
neither send the records through routine mail service nor non-
secure fax, nor disclose the substance of this letter in any
telephone conversation.
Your cooperation in this matter is greatly
appreciated.
_Sincerely yours,
[ADIC/SAC NAME]
[ASSISTANT DIRECTOR IN CHARGE]
SPECIAL AGENT IN CHARGE]
3
OIIIGIIUQR!
egrm
FEDERAL BUREAU OF INVESTIGATION
Precedence: ROUTINE Date: 00/00/2007
To: General Counsel Attn: Julie Thomas
Deputy General Counsel, NSLB
[COUNTERTERRORISMI Attn: [UNIT}
COUNTERINTELLIGENCE/CYBER]
[REQUESTING OFFICE] Attn
[OFFICE OF ORIGIN} Attn:
[DELIVERING DIVISION} Attn:
if using personal service}
From: [DRLFTING DIVISION]
[APPROVING OFFICIAL]
Contact: [CASE AGENT, telepho
0000!]
Approved By: [ADIC NAME [IF APPLICABLE!]
[SAC NAME]
[ASAC NAME]
[CDC NAME]
[SSA NAME]SSA [sounn suvrnvzsoal
SA [case AGENT]
sn [cuss msmrr]
[SQUAD] [X1
SSA isqunn SUPERVISOR]
[3QUAD] [X1
ne number 00! 000-
DECLASSIFIED BY 651.79 DHI{/K3P.f-IE1
UN 06-0'!-200'?
1076786
Drafted By: [LAST, FIRST, MIDDLE NAME: INITIALS]
U! -- --
ml '1itle:- W [sunazcw]Case ID #1 ' [case FILE uuuanal Pending!
[AKA] [ALIAS IF APPLICABLE!]
[IT/FCI - FOREIGN POWER]
0O:[0FFICE OF ORIGIN]
Synopsis: U! {NSLESI! Approves the issuance of an Electronic
Communication Privacy Act{ECPAJ National Security Letter [NSL!f0r
email subscriber information; provides reporting data; and, if
sreéw
s§s@-r
To: [nstrvsnmo DIVISION] From: [DRAFTING nrvrsron]
Re: gq [case FILE mmsnn, 00/00/2001]
necessary, transmits the NSL for delivery to the electronic
communications service provider.
Derived " U! .. ' I G
Declassify . 0-25 years based on
in . .ation in the EC]
FULL/PRELIMINARY Investigation Instituted:92TS{[O0/00/200?]
Reference: g {CQSE FILE NUMBER Serial XXX]
Enclosures: U! Enclosed for [DELIVERING DIVISION or OFFICE OF
ORIGIN, depending on whether service is personal or through a
restricted delivery service or fax] is an NSL dated [00/O0/2006],
addressed to [CMPANI POC NAME], [TITLE if available!], [COMEANY
NAME], [COMPANY ADDRESS NO P.O. BOX], ICITY, STATE - NO ZIP
CODE if using personal service], requesting the name, address,
and length of service for the email address h0lder s] listed.
Detai1s: >4} A [FULL/PRELIMINARY] [INTERNATIONAL/FOREIGN
COUNTERINTELLIGENCE] investigation of the subject, a [USPER/NON-
USPER], was authorized in accordance with the Attorney General
Guidelines because [Give a full explanation of the justification
for opening and maintaining an investigation of the subject;
barebones facts will not suffice and will cause the request to be
rejected for lack of legal sufficiency]. This electronic
subscriber information is being requested to [Fully state the
relevance of the requested records to the investigation].
{U} This electronic communication documents the
[APPROVING OFFICIAL's] approval and certification of the enclosed
NSL. For mandatory reporting purposes, the enclosed NSL seeks
subscriber information on [NUMBER OF] [e-mail/IP address es!]
from [ISP #1]; [NUMBER OF] [e-mail/IP address es!] from [TSP #2],
etc.
U! Arrangements should be made with the electronic
communication service provider to provide the records [personally
to an employee of the DELIVERING division OR through use of a
delivery service or secure fax to OFFICE OF ORIGIN] within
[NUMBER OF] business days of receipt of this request. The
electronic communication service provider should neither send the
saunas
2
stesr
U3 To: [DELIVERING DIVISION] From: [onmrrmo DIVISION]
Re: Xi [casr FILE uuusrn, 00/00/20011
records through routine mail service nor utilize the name of the
subject of the request in any telephone calls to the FBI.
DISCLOSURE PROVISIONS
[Certification and Activation of the Nondisclosure Requirement:
There is no longer an automatic prohibition that prevents the
recipient of e National Security Letter from disclosing that the
FBI has requested the information. To activate the nondisclosure
requirement, the senior FBI official approving this E§hust use
Option 1 below and include in the EC but not in the NSL! a brief
statement of facts that justify the nondisclosure requirement.
Option 2 is to be used in all cases where Option 1 is not used.1
[Option 1 - Invoking Nondisclosure Requirement]
U! In accordance with 18 U.S.C. § 2709 c! I, the
senior official approving this EC, certify that a disclosure of
the fact that the FBI has sought or obtained access to the
information sought by this letter may endanger the national
security of the United States, interfere with a criminal,
counterterrorism, or counterintelligence investigation, interfere
with diplomatic relations, or endanger the_life or physical safety
of a person.
U! HH""" ql Brief statement of the facts justifying my
certification in this case:
[Option 2 - Declining to invoke the nondisclosure requirement}
IU! I, the senior official approving this EC, have
determined that the facts of this case do not warrant activation
of the nondisclosure requirements under the applicable National
Security Letter statute.
[Include the next 2 paragraphs in all ECs]
U! Information received from an electronic
communications service provider may be disseminated in accordance
with the Attorney General Guidelines on National Security
Investigations and Foreign Intelligence Collection and, with
ssggv
3
SEXFLBT
U! To:[DELIVERING DIVISION] From: [DRAFTING DIVISION]
Re: [case FILE NUMBER, 00/00/2007]
respect to dissemination to an agency of the U ' nited States, only
if such information is clearly relevant to the authorized
responsibilities of such agency.
{U} Any questions regarding the above can be directed
to [CASE AGENT, telephone number O00! O00-0000].
SE><E'.l!
4
¢
sm>2¬zz-r
To: [nnnxvznzue mvrsxom From: [near-rrus nrvrsxomW? Re: W [case mm mnmnn, 00/00/20071
LEAD !:
Set Lead 1:
GENERAL COUNSEL
AT WASHINQTDN, DC
U! NSLB is requested to record the appropriate
information needed to fulfill the Congressional reporting
requirements for NSLs.
Set Lead 2: Info!
[QQUNTE§E§BBOR;5M]COUNTERINTELLIGENCE[CYBEB]
AT WASHINGTON, DC
{U! At [Unit] Read and Clear
Set Lead 3:
[DELIVERIN§ DIVISION gfi u§ing_pgrson;1 seryice]
AI |CIgY, §TATE|
U! Deliver the enclosed NSL as indicated above.
Upon receipt of the information requested, [DELIVERING DIVISION]
is requested to submit results to [DRAFTING DIVISION] and [OFFICE
OF ORIGIN, if applicable].
O0
snpngm
5
National Security Letters - NSLB - OGC Page l of I4
" 1 - :. ' "192_j"'; ""7 I " l'i-,-"-Jul I
.lI'92lT.E<!- *___ . .- ___ =
none wees contact us seancn
[ _ _____ GO LNSLB: National Security Letters NSLs!
ii
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ALL ruroaimrrom cnmmmco
HET-?.EIH Is mrcuissrrti-:11 ' 19-
mm: as-0?-2001 BY sans DPH-I/KSRIJW
NATIONAL SECURITY LETTERS UPDATED
3/9] 2007!1076786
National Security letters are a specific type of
investigative tool that allows the FBI to obtain
certain limited types of information without court
intervention:
1. Under the Electronic Communications Privacy
Act, 18 U.S.C. §2709, the FBI can obtain
telephone and email communication records
from telephone companies and internet
service providers.
2. Under the Right to Financial Privacy Act, 12
U.S.C.§3414 a!! A!, the FBI can obtain the
records of financial institutions which is very
b2
J - il Cntitgm J
Contacts all!
0 Cfédlt
Bureaus
O Financial
institutions
a Internet
Service
Providers
I Telephone
Companies
0 Field Office
' POCS doc!
1- Resources E
Determinin
Issue Spotting
Checklist doc!
Si".2.00Tb2
I275
National Security Letters - NSLB - OGC Page 2 of I4
broadiy dened!.
3. Under the Fair Credit Reporting Act, 15
U.S.C.§§1681u a! and b!, the FBI can obtain
a list of financial institutions and consumer
identifying information from a credit reporting
company.
4. Under the Fair Credit Reporting Act, 15
U.S.C. §1681v, the FBI can obtain a full
credit report in an international terrorism
case. This provision was created by the 2001
USA Patriot Act.
l
as
The standard for issuing an NSL is relevance to an
authorized investigation to protect against
international terrorism or clandestine intelligence
activities provided that such an investigation of a
b2
f if if smzoov
a
Freedom of Information
and
Privacy Acts
SUBJECT: NA TIONAL SECURITY LETTERS
F0L1>ER.~_Q_l G ~ £11 gm; L.¬H U25 E3-E"£5' "
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Federal Bureau of Investigation
ii1ié§l3 T OF tQ QI 4 if 4
= i=2 :1» '=4 T;fr itk $1* 3A 01' 4'
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ALL INFIJRHATION CONTAINED
. HIEF'.EIl92.l IS UHCLASSIFEEII 5
DATE 06-30-200? BY 6SL73_.iI'I'L-"K$P;'P!U 5
OIGS PATRIOT ACT REVIEW _ l
DOCUMENT REQUEST: D_QJOIG_REQ2UES_T 0£_J_U LY ill, 200§
SUBJECT: com-rs OF/ILL "EXIGENT us TTERS " ISSUED DURING rm; PERIOD CY 2003-2005
005 EXIGENT LETTERS _
FBI TRACK1NG#: |_ _ ;_ 0?-Lamraluman. _ ,-.0 ~50
PACKET: M
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U.S. Department of Justice|'_'f' {If 5- Federal Bureau of Investigation""'-_-F-II "$_lII~e'- II J III l 1~' l-IIlII1| lit-i
InRc|:|ly.Pln.nRdb.rioIEleNo. FBI!-IQ
' 935 Pennsylvania Avenue NW
Washington, DC 20535
Room 4944
~ January 5, 2005
. RE: Special Project / SSA
M DearLb6 T '
mc Due to exigent circumstances, it is requested thatbi? records for the attached list of telephone numbers be providedSubpoenas requesting this information have been submitted to tlieU.worney's Office who will process and serve them formally 'to as expeditiously as possible.
sincerely, _
|"nN|AIl-JED ' ALL Intommtton ' I i
ASSIFIED . .§§§I§6f§-5:55? BY ssise/DI*i»'K5RfR" Um-t chief
Communications Anal;/iszis group
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Supervisory_ pecial Agent
_ ,,__*, 7 _ e - L; -_= _'- "--=11. '_ _-"=*-- "="*'.'-:" _'_i""_"-'-_=':E-._E.'7: -_ -M-x In H _ __ _ ______ _ _- , "' "' '-'- ' . ' ' _ __ : ~ *'"' ' |
.r-».~. u.=.uu..> 10-U3!-ii! N0.54-3 P.Z
1'»
4'- " -|',"._
-' 51 U.S. Department of JusticeI . Federal Bureau of Investigation
III|ll-|u|~ _4l-1-I I |||I~' '1;_-I -|| '_|n mini ~ 1-r7' ' J71 _r __I_i i Ii I
For the following telephone numbers:
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___!_ U.S. Department of Justice
>1 .-; . . Federal Bureau of lnvesuganon
Washington, D. C. 20535-0001
December 27 , 2004
Attention '
Dear[ K
Due to exigent circumstances, it is requested that 92
records for the attached list of telephone numbers be provided.
Subpoenas. requesting this information have been submitted to the
U.S. Atto ney's Office who will process and serve them formally- t as expeditiously as possible.
Sincerely,
|:l
Unit Chief
ML H11:-r_;1:;_]».§_;_;]-I|_-_'|],] CDNTAHED Communications Analysis Unit
HEREIN I3 UNCLASSIFIED ~ r" Ia * *
DATE 06-30-200? BY BE-l?9fDI'lH/'l'ISR!RIO
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By:
upervisory Special Agent
For the following telephone numbers:
* " "* b6
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J an L;|:| =12,»/4l:|
Q? iiis lLS.DeparhnentofJusce- Federal Bureau of Investigationb2
1» Reply, Please Refer 1» rm Nu. FB I HQ
935 Pennsylvania Avenue NW
Washington, DC 20535
January 12, 2005
Attn l
RE: Special Project /
mi jc
Due to exigent circumstances, it is requested that22 records for the attached list of telephone numbers be provided.bqc Subpoenas requesting this information have been submitted to theb7D U.S. A eys Office who will process and serve them formallyto[:::iijTas expeditiously as possible. '
Sincerely,
¬ 3$$EE §?'§{i;*E ° I "m"=1@*l 0I-[EPJ-ZIIG S 5 - s »DATE 06-so-200? BY 65l?9fDl-HUKSRIREJ Communications Analysis Group
By;
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Supe pecia Agent
-i%,iiiiT,es,i~mM~ser~~s s*"j
_
1
_-;.=-§'_E.'i:*',j'=g._
U's' D°P"tlIl¢IIl of Justice
-_;_-;-j:- Federal Bureau of Investigation
__ __ W _* _ 7 L 7 7 i 7 7 7
For the fol]-° *i"9 telephone n ' EgcH *1 j W mm
..:<-_~4_.--- =-_- - __ _~ =1"-----2 -_-_-_---- -- '_ .e.;;;_-1 -£-i-._-~::...-.:~:'--.='-;-';--; ';~ :¬'r
b4
L16
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b7'D
b2r'__ _; .
U.S. Department of Justice
Federal Bureau of Investigation.1-'-EL-';i?; =.v~.
Fl " I--T:_ ' = I |_| i .'..
'-_'|._:'. II g_1_'1i'
_7 if _ _ 7 _I__ _
In Repiy, Please Refer to File No. FBI HQ
935 Pennsylvania Avenue NW
Washington, DC 20535
_ January 14, 2005
RE: special Project / CAUDearl 7 I .
Due to exigent circumstances, it is requested thatrecords for the attached list of telephone numbers be provided.Subpoenas requesting this information have been submitted to" theU..5. Attorney's Office who will process and serve them formallyt as expeditiously as possible.
Sincerely,
Unit thief W
. Communications Analysis GroupALL It-IFUPHATIUI-I IIDIJTAII-JED '
rrrprm Is uucmssirrrn
one as-so-zuu? B! sans-,»'Dl-11i»'I'If-JP-»R!'F
By:
Supervi sorypecia l Agent
' 1 _, _-_, _ '-;_-____- . - -___--_-ii_-- 'b6
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1 ~£ -
U.S. Department of J ustioeA-3.; Federal Bureau of Investigation
For the following telephone numbers: 1,5
, __ _ __ _ J ~ mo * * 1:713
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_|.'-."-I-_:_-.-!'jF_!._'" '" lLS.DeparumeutofJusce
-:-.- Federal Bureau of Investigation
I I 34! 1* _ '* Y1 I I it '__
_ I cl _ 4| _*_ _ 14 _ ,é __
mmwmnemasswnuna FBIHQ
935 Pennsylvania Avenue NW
Washington, DC 20535
Room 4944
_ _ January 13, 2005
Attn: -
RE: Special Project / SSA{ I
b4 I Due to exigent circumstances, it is requested that 'b6 . records for the attached list of telephone numbers be provided.b7C Subpoenas requesting this information have been submitted to theb?D U. eys Office who will process and serve them formallytiimmmmmmmas expeditiously as possible.
ALL IIJFUPHATIEIN colrrazmzb 31;-1¢ere1y'
HREIN Is UNELAESIFIED
Unit Chief' Co ' ' s Analysis Group
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By} s
SSAI !
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U.S. Department of Justice __ __""' Federal Bureau of Investigation
. uIIx||_&| 7* Y; t|| 111 '7'; lnil-I1 é _ l~'J-I =7 __*I~71_ __ _ " __ ' L_|I
For the following telephone numbers: b5_ , _ mo
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U.S. Department of J usticeFederal Bureau of investigation
lnMMgHunRdhwFMNQ FBIHQ
935 Pennsylvania Avenue NW
Washington, DC 20535
_ _ January 14, 2005
RE: Special Project / CA{;;i:i]Tas[i;;i]
Dea4
Due to exigent circumstances, it is requested thatrecords for the attached list of telephone numbers be provided.Subpoenas requesting this information have been sub 'ttmi ed to the e70 U.S. At ey's Office who.will process and serve them formallyb2 to as expeditiously as possible.
ALL INFORMATION CONTAINED
nnrxm IS UNCLA$SIFIED
DAT! as-30-zoo? BY GSLTSJDHH/KSRIRM
I Sincerel , EEC
nit Chief
Communications Analysis Group
'- Superlisory Special Aoent
- u 92 .. -
. _. ..__. ........¢l - .. , ._.. ..- ---1-u-I- -_ :u:.: ' .,- . .-..,...---'c--- M ._1_-,.T_==-_ __-._. _- - _ --..»r-.--.- --..-92-.... -.'-_-L=§:_____-__=*_*-'?__ .__ -___-1-+__ ... . .___..-...-._. . _ __ . k J, ___._l l is-V ,,-_;_~ ,;e.:__-"-._.___,**-_=_ __-_. _¢-;-. -..i..__.i'_ ..- ._.__ i i _ ,
U.S. Department of Justice _ Federal Bureau of Investigation
b6 For the foll0w_ing_te1ep*hor;e 9 mc " W mm
liq __-.. .-_ e 4r-l14J_ "._. T.Ti"'?."-"'."_-- - -._--... --' -'- - i , 7 ~ 1' ___._.__.. |.-._--_- f___.'_:=,'__--_-;;_--;;._e-_-11...; .. r _ __' _ __..... ,T,-- _
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b6
b7C
b7D
b2
ALL INFHRHATIUN CONTAINED
HEREIN Is UNCLASSIFIED
DATE us-so-2001 BY ssias/DH/H5RfRw _ ,= K
U.S. Department of Justice
Federal Bureau of Investigation31!.
as- v2'-"I | | J .
'-,; _:-1;1:__'.<
__ _ I; 7 _ _ _ i i i i _ _
In Reply, Please Refer lo File No. FB I HQ
935 Pennsylvania Avenue NW
Washington, DC 20535
_ r_ _, _ __ January 14, 2005
Attnq___m__________.l. - RE; Special Project / CAU
Dea% I
Due to exigent circumstances, it is requested thatrecords for the attached list of telephone numbers be providedSubpoenas requesting this information have been submitted to theU.S. Att eys Office who will process and serve them formallyto£i::::ijras expeditiously as possible.
'Sincerely, _
I I b6Unit Chief ' ' b7C
Communications,Aqa;¥gi§_
:Supervisory Special AgentBy:
1
U.S. Depa mnent of Justice" __ __.:;-_.= Federal Bureau of Investigation _
b6 For the following telephoneinumbers: _ __ bqc 1 » * " mu
'Zi'Z1-
bl]
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b'?C
b7DE 92
1LS.DeparnnentofJusceFederal Bureau of Investigation,;§.i3E:?;-=.--_
Fl W F0E._*
._- :_5_,-. _-_.'
In Reply, Please Refer to File N0. FE I HQ
935 Pennsylvania Avenue NW
Washington, DC 20535
i January 19, 2005
ALL INFORMATION CONTAINED
UNCLAS"IFIED:E§¬Igef§o-zoo? gr ss1?9:nnm/HSRHRU
Attn
IRE: Special Project /Dea{
Due to exigent circumstances, it is requested thatrecords for the attached list of telephone numbers be provided.Subpoenas requesting this information have been submitted to the U eys Office who will process and serve them formally _ t as expeditiously as possible. "
Sincerely,
[unit Chief _Communications Analysis Group
b6
b7C
Supervisory Special Agent
|. U.S. Department of Justice-.";;:;._______ _ Federal Bureau of Investigation
For the following teleghqnefn 22¢ ** *1 *1 i 7 W 13713
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b2lLS.DmparunenlofJusce
Federal Bureau of Investigation1+.'£??i"-'-'T"'1j"-..:: I 'v._:!_-._._'Fmjb
-__-_.:___-_E.£..2_;.;'_-'
In Reply, Pleas: Refer to File No. -FB I HQ
935 Pennsylvania Avenue NW
Washington, DC 20535
Room 4315
January 14, 2005
Attention I I I
RE
Dear Sir:: Special Project / IA[i:::j]
Due to exigent circumstances, it is requested thatllca detail records for the attached list of telephone numbersbe provided. Subpoenas requesting this information have beensubmitt d t ' ' ' e o the U.S. At s Office who will process andserve them f°r"'"3llY t0 as expeditiously as possible.
' Additionally, please provideL __HH__for the telephone numbers in the attac eo list?
ALI. IHFEIRNATION CONTAINED Sincerely,
HEREIN IS UNCLASSIFIED
DATE 06-30-200'? BY 651'?9!Dll1-I/'RSR/'RbI
Unit Chief
Communications Analysis Unit
b6
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By: V _
Intelligence Analyst
;_ 92
U.S. Department of Justice Federal Bureau of Investigation
Call detail andV W lfor the following telephonew11=er= e _ -e~ * o e " b2
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b7D
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P °@ numbers bo provided.' =IeC0rds for the attached 11s
have been submltted to theb4
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b7D
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ALL INFDRILRTIUN CONTAINED
HEREIN I3 UNCLASSIFIED
DATE III6-313-200? BY 55.1391 _
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"l Federal Bureau of Investigation .
Washington. 0. c. zosss-oom *1
January 21,2005
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Re: Special Projects 1 ssnl f I
b4 DearSir:
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ALL I!-IFIDPJULTIUI-I CUWAINEDHEREIN IS UDICLASSIFIEI1 sincerely.
mm: we-so-zoo? BY -ssnsxrnrmxxsnxnw
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W -Communications Analysis Unit __
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upervisorjf Special Agent
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awn
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January 18, 2005
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Re: Special Project / SS
Deal-F f if
Due to exigent circumstances, it is requerecords for the telephone number listed below. Sub
requesting this information have been submitted toAtto 's Office who will process and serve them f
as expeditiously as possibleAttention:
sted that
poenas
the U.S.
ormally to
Sincerely,
ALL INFORMATION conTn1mEn _ e ~ e* "
HREIM I3 uucunssrrxzo
DATE as-so-zoo? BY 65l?9fDH!RSRiRH[l11'|TF'C1ef
Communications Analysis Unit.
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By:
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upervisory
Speciel Agent
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U.S. Department of Justice ' Federal Bureau of Investigation>~
In Reply, Picnsc Refer to File No. PB I HQ
935 Pennsylvania Avenue NW
Washington, DC 20535
_ January 25, 2005
Attn{ l
RE: Special Project / C
Dear
Due to exigent circumstances, it is requested thatrecords for th 'e attached list of telephone numbers be provided.Subpoenas requesting this information h bave een submitted to the U.S. At eys Office who will process and serve them formallyto as expeditiously as possible.
1.1. mm1=~.mn-mm CONTAINED .gnsxm I5 UNCLAESIFIED S1"¢erelY'
DATE 06-so-P00? av s51?9/M111/I~I3R;R.m e e
Communicat ions Ana lysis Group
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Supervisory Special Agent '
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U.S. Department of Justice ' ' ' Federal Bureau of Investigation
In Reply, Please Refer lo File No. PB IHQ
935 Pennsylvania Avenue NW
Washington, DC 20535
i " January 21, 2005
RE: Special Project / CAU
DearL '
Due to exigent circumstances, it is requested thatrecords f h _ or t e attached llSt of telephone numbers be provided.Subpoenas requesting this information have been submitted to the U.S. ey's Office who will process and serve them formallytc[::ffjjjjas expeditiously as possible.
in ION FONTMNED Sincerely, ' ALL INFURI T -In I5 UNCLAS IFIED 0 Igg 06-30-200? Ev 65l?9/DHHIKSRIRW
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Communications Analysis Group
W W fr s
By
Supervisory Special Agent
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U.S. Department of Justiceilf-,_E___ __;_-;§:'.- Federal Bureau of Investigation -
For the fgllowing W§§_l§;-Qhone nqmQ;§_;_i_
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_ _ LLS.DeparunenlofJusce
Federal Bureau of Investigation
Washirlglon, D. c. zosss-0001
January 25, 2005
Re: Special Project / SSA[ii5;i;ii;;;]
Dear
Due to exigent circumstances, it is requested thatrecords for the attached list of telephone numbers be provided.Subpoenas requesting this information have been submitted to theb4 U. ey's Office who will process and serve them formallyb6 to as expeditiously as possible.
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ALL IHFQRHATIUN CBHTAINED
HEREIN IS UNCLASSIFIED
DATE us-30-zoo? BY |55l?9lDl-11-1fIs$RfRbJ nu C lef _
Communications Analysis Unit
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- upervisory Special Agent
For the following U.S. numbers:
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U.S. Department of Justice .l' Federal Bureau of Investigation
In Reply, Please Refer to File No. FB I HQ
I 935 Pennsylvania Avenue NW
_Washington, DC 20535
January 26, 2005 '
Attnl IRE: Special Project / SSP
Deaqéf émz 5 i
Due to exigent circumstances, it is requested thatbq records for the attached list of telephone numbers be provided.b6 Subpoenas.requesting this information have been submitted to thebic U. ey's Office who will process and serve them formallyb7D. toE::?fiTfjas expeditiously as possible.
- Sincerely,
ALL INFORMATION CONTAINED
HEREIN Is UNCLASSIFIED
__ _3 'KSR RU ' DATE 06 30 nu? BY 65119r:|:»1-111/ 1 nit Chief
Communications Analysis Group b6Z if b7c
By: SSA
Supervisory Special Agent
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f?$¥§; lLS.DeparhnentofJusce Federal Bureau of Investigation' |~ _ 7, __ _ ls __ 7
hR¢wJ%uehknoHkNe FBIHQ
935 Pennsylvania Avenue NW
Washington, DC 20535
iw 7 January 24, 2005
Attn: _
_RE:' Special Project / CAUDear I
by Due to exigent circumstances, it is requested thatb6 records for the attached list of telephone numbers be provided.b?C Subpoenas requesting this information have been submitted to theb7 U.S. Attorney's Office who will process and serve them formallyto as expeditiously as possible. -|_:_|
Sincerely,
*~ ** b6ALL INFORMATION cguiggib 'b7CHEREIN IS UUCLASS F - leg
,, snnu . . . DKE'%-mm7BY5Hj9mmUk / C0mmUlCBtl0nS Analysis Group
4 _ _ _7_ 7
SupeLv1sory Special AaéatBy:
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For the following telephone numbers:
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U.S. Department of Justice "___] Federal Bureau of Investigation
In Reply, Please Refer to File No. PB I HQ
935 Pennsylvania Avenue NW
Washington, DC 20535
_ January 25, 2005
RE: Special Project /
Deai |
Due to exigent circumstances, it is requested thatrecords for the attached list of telephone numbers be provided.
Subpoenas requesting this information have been submitted to theU. ey's Office who will process and serve them formallyto s expeditiously as possible.bll
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ALL rmro NED
HEREIN Is UNCLASSIFIED
part as-so-zoo? BY 651?9fDHEKbR!RW
Sincerely,
glt Chi ef
Communications Analysis Group
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By:
Supervisory Special Agent
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U.S. Department of JusticeE;':-.___ __ Federal Bureau of Investigation
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Federal Bureau of Investigation
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In Reply, Please Refer to File No. FE I HQ .
935 Pennsylvania Avenue NW
Washington, DC 20535
January 26, 2005
RE: Special Project / CAUETASKU
Dear} _ I ' l
Due to exigent circumstances, it is requested thatrecords for the attached list of telephone numbers be provided.Subpoenas-requesting this information have been submitted to theU.S. Attorney's Office who will process and serve them formallyt as expeditiously as possible.
ALL Iumlumrzom CONTAINED '
PEIN IS LTMCLASSIFIEDn -as-an-200? BY asi?s,»'nrm,-'KR/R'
Sincerely,3 * '7 b6 _ b7C
Unit Chief'
Communications Analysis Group
By:
Supervisory Special Agent
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For the foll owinU.S. Department of Justice
Federal Bureau of Investigation
g telephone numbers:
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Federal Bureau of In vestigalionsim.
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lnhMgHuaRdhwFMNo FBIHQ
935 Pennsylvania Avenue NW
Washington, DC 20535
January 28, 2005
AttngRE: Special Project / cAU|:jTAs1-<
new QQQI; _|
Due to exigent circumstances, it is requested thatrecords for the attached list of telephone numbers be providedSubpoenas requesting this information have been submitted to theU.S. Attorney's Office who will process and serve them formallyto s expeditiously as possible.
ALL INFURQULTIUH C UNTAINED
1SlmUA$HFED Sincerely - - gigrga-an-200? BY 65l?9£DHHiK5RfRU '
upnit Chief -
Communications Analysis Groupb6
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DTD -Due to exigent circumstances, itrecords for the attached list of telephone
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FBIHQ
935 Pennsylvania Avenue NW
Washington, DC 20535
Room 4944
February 2, 2005
is requested that
numbers be provided.
been submitted to the
serve them formallyto as expeditiously as possible. U.Ei;iiiij]ey's Office who will process and
ALL INFORMATION comwnrntn
nsrrm Is UNCLABSIFIED
DATE we-so-200? BY esivezv/KER/R" Sincerely,. b6
nit Chief
Communications Analy§is_Grqup"
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By:
SSA
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U.S. Department of Justice*-j;j~,3_;__".;";__f-,i:.l Federal Bureau of investigation
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U.S. Department of Justice
. Federal Bureau of Investigation
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February 3, 2005
1-'&Vtt7e:ntiOn: e
Re: Special Project / SSDea{ "7,
Due to exigent circumstances, it is requested thatrecords for the attached list of telephone numbers be provided.subpoenas requesting this information have been submitted to theU.S ey's Office who will process and serve them formallytc[::ffiijjas expeditiously as possible.
Sincerely,
HEREIN I3 UNCLASSIFIED [ ii r JDATE U6-30-200? BY #551"-*9,"Dl-1II/I-.$R/Rlll _f__ilt' le?
Communications Analysis Unitb6
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upervisory Special Agent
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J" U.S. Department of Justice
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92l-ash|ng'ton, D. C. 20535-000]
February 9, 2005
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Re: Special Project / SSA[:ii:ii;;]Deaq iémj 7 7 W l
Due to exigent circumstances, it is requested thatb4 records for the attached list of telephone numbers be provided.be Subpoenas requesting this information have been submitted to the_ . .b7C U.S. A ey s Office who will process and serve them formallyb7D to[:::fiijjas expeditiously as possible.' .
Sincerely I
ALL IPIFOPMTION IICIHTAII-l'ED ~*"" J V
HEFLEIN IS IHJELASSIFIEDlI'I&'I'E 06-30-200? BY 6-Sl'l!3,-'DI"[HXK.:R;PJ:J nl -Le be
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