Electronic Frontier Foundation v. Department of Justice

MOTION for Summary Judgment

D.D.C.December 24, 2009

To: All Field Off-ces From: General Counsel Re: 66F-HQ-A1255972, 10/01/2003 types of records requested, and provides available identifying information so that the consumer reporting agency can process the NSL request. Credit report requests should include all available identifying information to facilitate the consumer reporting agency's records search. Typically, such identifying information includes: name, social security number, and date of birth. Unlike in some other NSLs, there is no need to specify a date range for credit report requests because these reports are comprehensive and hot limited in time. Moreover, the request will be asking for not only the consumer report of a consumer but "all other information in a consumer's file," as is provided for by the statute. The second paragraph of every NSL contains the statutorily required certification language. With respect to credit report NSLs', the certification should state that "the consumer report and all other information in a consumer's file is necessary for the FBI's conduct of an investigation of, or intelligence or counterintelligence activities or analysis related to, international terrorism." The next paragraph sets forth an admonition to the consumer reporting agency receiving the NSL, warning that no officer, employee, or agent of the agency may disclose to any other person, or specify in any consumer report, that the FBI has sought or obtained access to the requested information or records. The last substantive paragraph instructs the agency point of contact to provide the records personally to a representative of the delivering field division and not to send the records through the mail nor disclose the substance of the request in any telephone conversation. It also states that any questions should be directed to the delivering field division. Finally, the NSL is an unclassified document because it does not detail the specific relevance of the requested records to an authorized FBI investigation. There is no need to classify the NSL when attaching it to the cover EC. However, NSLs should never be transmitted to a consumer reporting agency via an unsecured means. When preparing an NSL request, the field should use the attached model NSL. B. The Cover EC The Cover EC serves three essential functions in the credit report NSL process: (1) it documents the predication for the NSL by recording why the information sought is 6 NSLVIO-2496 Case 1:07-cv-00656-JDB Document 40 Filed 12/24/09 Page 1 of 48 To: All Field Off-es From: General Counsel Re: 66F-HQ-A1255972, 10/01/2003 necessary to an international terrorism b2 - 1 (2) it documents the approval of the NSL by relevant b7E -1 supervisors and the legal review of the document; and (3) it transmits the NSL to the requesting squad or delivering field division for delivery to the appropriate consumer reporting agency. When preparing an NSL request, the field should use the attached model EC. 1. Field Descriptors This section will generally explain how most of the EC field descriptors should be completed. The "Precedence" descriptor will typically be "ROUTINE." The "Date" descriptor- should reflect the date the NSL and the EC were approved. The "To" descriptor will always include "General Counsel" and the requesting squad's field division. It will also include the name of the delivering field division (which will b lin the case of credit report NSLs directed field office for NSLs directedl an b2 -1 L Jfield office for NSLs directed] and b7E -1 the office of origin, if applicable. In addition, it will b7D -1 include the Counterterrorism Division. The "Attn" b4 descriptor should include the Deputy General Counsel, NSLB; the squad supervisors and case agents from the requesting squad, delivering field division (which will be Sin the case of NSLs directed| the IA squad for NSLs directedI and the IT Squadl for NSLs directed I and office of origin, if applicable and if known. The "From" descriptor should identify the certifying official's field division and include the title of the certifying official. The "Contact" descriptor should reflect the name and phone number of the requesting squad case agent. The "Approved By" descriptor should reflect the name of the approving officials. Prior to certification, every credit report NSL and cover EC issued by the field division should be reviewed by the squad supervisor, the Office of the Chief Division Counsel, and the SAG. CDCs reviewing the NSL packages should use the checklist provided with this communication to ensure legal sufficiency. The last step in the approval process occurs when the certifying official (Deputy Director, EAD for Counterterrorism/Counterintelligence, Counterterrorism ADs and DADs, General Counsel, Senior Counsel for National Security Affairs, Deputy General Counsel for National Security Affairs, New York, Washington, D.C.., and Los Angeles ADICs, and SACs) personally signs the NSL and initials the EC. Certifying officials may not further delegate signature authority. 7 NSL VIO-2497 Case 1:07-cv-00656-JDB Document 40 Filed 12/24/09 Page 2 of 48 To:- All Field Of f.-s From:- General Counsel Re: 66F-HQ-A1255972, 10/01/2003 The "Drafted By" descriptor should reflect the name of the person who prepared the NSL package. The "Case ID #" descriptor must contain the case file number relevant to the request, and the Headquarters case file number 66F-HQ-C1213150 assigned to NSLs directed to consumer reporting agencies. It should also inclue the ase file for NSLs of the delivering office. (For the , which delivers NSLs to S| for the field office, which delivers NSL I The "Title" descriptor .should list the name of the subject of the international terrorism investigation to which the credit report request pertains (even if the subject of-the credit report request "is b2 -1 someone other than the subject of the investigation), any b7E -1 known aliases, the fact that this is an IT investigation and b7D -1 directed at a particular foreign power, if applicable, and b4 identify the office of origin. The "Synopsis" descriptor should use boilerplate language that the EC "approves the issuance of one credit report National Security Letter (NSL) pursuant to 15 U.S.C. §1681v; sets a lead and provides reporting data to NSLB; and transmits the NSL to FBI [Delivering Division] for delivery to [the credit reporting agency]." The "Derived From" descriptor should be "G-3" in bold typeface. The "Declassify On" descriptor should be "X1" in bold typeface. The "Full Investigation Instituted" descriptor should state the date linvestigation was opened on the subject, and indicate whether the subject is a U.S. person. If the subject of the investigation is not the person to whom the credit report pertains, further state whether that person is a U.S. person. Assuming that there is an enclosure, namely the National Security Letter, the next section of the EC, entitled "Enclosure" should describe the enclosure, that is, .an original and copy of a letter dated [MM/DD/'YYYY] addressed to [consumer reporting agency POC and address] requesting the consumer report and all information in the consumer's file of [name of subject of request]. 2. Predication and Relevance The next section of the EC is the "Details" section. A credit report NSL under 15 U.S.C. §1681v may be issued upon a certification that the credit report is necessary for the FBI's conduct of an authorized investigation of, or intelligence or counterintelligence activities or analysis related to, international terrorism. Accordingly, the first paragraph in the "Details" section of the EC should contain b2 -1 the predication b7E -1 8 NSL VIO-2498 Case 1:07-cv-00656-JDB Document 40 Filed 12/24/09 Page 3 of 48 To:, All Field Offtces From: General Counsel- Re: 66F-HQ-A1255972, 10/01/2003 b2 -1 II and specify the necessity of the requested b7E -1 credit report to the investigation. Both the predication and necessity should be stated clearly and concisely. b2 -1 -- The necessity requirement ties the requested records b7E -1 to the appropriate investigation- -n ami or could be established b statin 3. Standard Language What follows, still within the "Details" section, is standard language required in every EC seeking a credit report NSL. It is the same standard language (adjusted for the fact that different information is sought under 15 U.S.C. §1681v) used in the model NSL seeking financial institution information and identifying information from consumer reporting agencies under 15 U.S. C. §1681u: This electronic communication documents the [title of person approving the NSL]'s approval and certification of the enclosed NSL. The enclosed NSL seeks a consumer report and all other information in the consumer's file. A representative of the [relevant b2 -1 FBI office, e.g. b7E -1 who has liaison witn the consumer reporting b7D -1 agency should deliver the letter to [name b4 of POC at agency]. On August 27, 2003, the Director delegated the official signing the enclosed letter authority to make the required certification. [The relevant FBI office] should remind the consumer reporting agency that, 9 NSL VIO-2499 Case 1:07-cv-00656-JDB Document 40 Filed 12/24/09 Page 4 of 48 STo: All Field Oftices From: General Counsel Re: 66F-HQ-A1255972, 10/01/2003 under 15 U.S.C. §1681v(c), it is prohibited from disclosing that the FBI has sought or obtained access to this information. Arrangements should be made with the consumer reporting agency to produce the records personally to an employee of [the relevant FBI office]. The agency should neither send the records through the mail nor utilize the name of the subject of the records in any telephone calls to the FBI office. The agency should not contact FBIHQ directly in any matter. Any questions regarding the above can be directed to [Draftihg Division], Attention: [name of case agent and phone number] 4. Leads On occasion, the squad requesting the NSL will be able to hand-carry the NSL to the consumer reporting agency point of contact. However, more often, the field division drafting the NSL will have to get it delivered by one of the field divisions located in the area where the consumer reporting agency is located. In these situations, the drafting division should identify the squad and personnel, if known, at the delivering field division who will be responsible for delivering the NSL. In the event that the office of origin is different than either the drafting division or delivering division, the person drafting the NSL package should ensure that the case agent from the office of origin receives a copy of the package. The first lead in the EC should direct the requesting squad or delivering field division to deliver the attached NSL. If the delivering division is different than the drafting division or the office of origin, then this first lead should also request the delivering division to submit the results to the drafting division and/or the office of origin. Although the FBI is not required to report credit report NSLs to Congress, NSLB will still maintain a record of such requests. To ensure that NSLB receives sufficient information to maintain a record of these NSLs and possibly report to Congress, it is crucial that the person preparing the NSL package follow the NSL and EC models very carefully. The second lead in every model EC requests NSLB to "record the appropriate information as is needed." NSLB will be able to 10 NSL VIO-2500 Case 1:07-cv-00656-JDB Document 40 Filed 12/24/09 Page 5 of 48 To:- All Field Off tes From: General Counsel Re: 66F-HQ-A1255972, 10/01/2003 compile the data provided that the cover EC includes the case file number, the subject's U.S. person status, and the number of consumer reports being requested in the NSL." Once NSLB has entered this reporting data into its NSL database, it will clear the lead set in the cover EC. 4. NSL Preparation Assistance Some field divisions may, for a variety of reasons, opt not to exercise their delegated authority to issue NSLs. Some field divisions may not have an SAC but rather only an ASAC or an acting SAC, neither of whom have delegation authority. Further, other field divisions may exceed their capacity to issue NSLs and seek assistance in handling the overflow. NSLB will process any NSL request that it receives. Field divisions should send their requests directly to NSLB, with information copies to the FBIHQ substantive unit. Such requests must contain all the substantive information identified in this communication that is necessary to prepare the NSL but the requests do not have to follow the format set forth in this guidance. NSLB would then prepare the NSL, as well as the EC that does follow the format described in this guidance. NSLB anticipates that it will be able to process such requests within one to three business days. Any questions regarding this communication may be b6 -1 directed to Assistant General Counsel Q b7C -1 (202) 324- b22 NS VI-2501 NSL VIO-2501 Case 1:07-cv-00656-JDB Document 40 Filed 12/24/09 Page 6 of 48 To: All Field Oftf-es From: General Counsel Re: 66F-HQ-A1255972, 10/01/2003 LEAD(s): Set Lead 1: (Adm) ALL RECEIVING OFFICES Distribute to all supervisory personnel involved in the investigation of international terrorism cases. 12 NSL VIO-2502 Case 1:07-cv-00656-JDB Document 40 Filed 12/24/09 Page 7 of 48 Message Page 1 of 2 S(OGC) (FBI) From: I (ITOD) (FBI) b6 -1 .Sent: Tuesday, September 13, 2005 11:05 AM b7C -1 Cc: (OGC) (FBI) Subject: RE: QGC: Change to NSLB Webpage UNCLASSIFIED NON-RECORD done (except for telephone subscriber NSL.wpd - updated via other request) ---- Oriainal Message----- From: I (OGC) (FBI) Sent: Tuesday, September 13, 2005 9:35 AM b6 -1 To: HQDIVO4_FBIHOME b7C -1 Cc; |OGC) (FBI) Subject: UL(.: Change to NSLB Webpage UNCLASSIFIED NON-RECORD - b6 -1 Attn: r b7C -1 This is a follow up t I request of yesterday afternoon to have a paragraph added to several of the NSLs at htt | Please replace the documents to which each of the followingjink b6 -1 with the respective attached documents. You are working with the links three-quarters of the way down the b7C -1 page that say latest model ECs/letters. b2 -5 2. Telephone Subscriber NSL 4. Toll Record NSL 6. E-Mail Subscriber NSL 8. Transactional Record NSL 10. RFPA NSL Please call if you have.any questions. b6 -1 OGC b7C -1 (fol NSLB) b2 -2 I You will want to be sure to copy the attachments to your computer so that you have the most recent updates for future edits. UNCLASSIFIED NSL VIO-2603 6/5/2006 Case 1:07-cv-00656-JDB Document 40 Filed 12/24/09 Page 8 of 48 Message . Page 2 of 2 UNCLASSIFIED NSL VIO-2604 6/5/2006 Case 1:07-cv-00656-JDB Document 40 Filed 12/24/09 Page 9 of 48 Message -Page 1 of 3 -- AL INFOPLEATION COTAINIED (OGC) (FBI) HEREIN IS UNCLASSIFIED -D ATE 06-28-2007 BY 6S179/dmh/ksr/c From: I(OGC) (FBI) Sent: Tuesday, September 13, 2005 12:32 PM STo: 7;ITOD) (FBI) Cc: (OGC) (FBI) Q ., b7C -1 Subject: RE: OGC: Change to NSLB Webpage UNCLASSIFIED NON-RECORD neither the transactional record #8 nor the telephone subscriber record #2 is correct. here are the replacements. thanks ----- Original Message----- From I(ITOD) (FBI) b6 -1 Sent: l uesday, September 3, 2005 12:11 PM b7C -1 T (OGC) (FBI) Subject: Kt: UL,: nCange to NSLB Webpage UNCLASSIFIED NON-RECORD Sorry - I thought that file was sent separately later on. i had already done the later request. Can you double-check it, and if the correct version is not posted, just resend it to us? Thanks -- Original Message----- From (OGC) (FBI) Sent: Tuesday. Setember 13, 2005 11:50 AM To (ITOD) (FBI) Subject: RE: OGC: Change to NSLB Webpage UNCLASSIFIED NON-RECORD b6 - b7C -1 I don't understand what you mean, since the telephone subscriber still needs to be done. And the transactional reordL NSL needed to be the copy that I provided - I sent you an email to head you off from using Jversion but maybe you didn't get it in time. But there is an email that I sent you about the transactional record NSL to be used. thanks ----- Oriinal Messaae--- From (ITOD) (FBI) Sent: Tuesday, September 13, 2005 11:05 AM Td IrnC (FBI) " b6 -1 FBI) b7C -1 Cc ci(OGC) (FBI) Subject: RE: OGC: Change to NSLB Webpage NSL VIO-2605 6/5/2006 Case 1:07-cv-00656-JDB Document 40 Filed 12/24/09 Page 10 of 48 Message Page 2 of 3 UNCLASSIFIED NON-RECORD done (except for telephone subscriber NSL.wpd - updated via other request) ----- Original Message----- From Z [OGC) (FBI) b6 -1 Sent: Tuesday, September 13, 2005 9:35 AM b7C -1 To: HO DIV04_FBIHOME Cc (OGC) (FBI) Subject: OGC: Change to NSLB Webpage UNCLASSIFIED NON-RECORD Attn At b6 -1 b7C -1 This is a follow up t request of yesterday afternoon to have a paragraph b2 -5 added to several of the NSLathtt I Please replace the documents to which each of the following link with the respective attached documents. You are working with the links three-quarters of the way down the page that say latest model ECs/letters. 2. Telephone Subscriber NSL 4. Toll Record NSL 6. E-Mail Subscriber NSL 8. Transactional Record NSL 10. RFPA NSL Please call if you have any questions. I b6 -1 SIoGc b7C -1 NSLB) b2 -2 20J-- S You will want to be sure to copy the attachments to your computer so that you have the most recent updates for future edits. UNCLASSIFIED UNCLASSIFIED UNCLASSIFIED NSL VIO-2606 6/5/2006 Case 1:07-cv-00656-JDB Document 40 Filed 12/24/09 Page 11 of 48 Message 'Page 1 of 1 (OGC) (FBI) Cl K r - > From: [ _;Div09) (FBI) ou a) O Sent: Friday, April 16, 2004 12:20 PM b6 -1 To: (FBI) b7C -1 Subject: Here is a copy of my powerpoint SENSITIVE BUT UNCLASSIFIED NON-RECORD SENSITIVE BUT UNCLASSIFIED ALL IiF61ilATIOHI CONTAINED BERE-IIir S 1 *UNLA SSIEIED DATE 2- O07 BY65179 1i6'K5R/JB NSL . -.- -- ---- - - VIO-2700 6/5/2006 Case 1:07-cv-00656-JDB Document 40 Filed 12/24/09 Page 12 of 48 * -National Security Letters . . . NSLs-administrative sbpoenas that'alldwthe :" " In estigative To s for FB'io obtain threetypes of informatioti: . . In... Vestiga phone- iaod'maail commui caticil records from telephone I-:.)' Tv icompanis ad rinen servic providcai (Elctronic Snte genC.e i V I comm. Privacy Ac) (1 USC 2709) (saie infonrmtiqn agatbered in pen register except histri not live) -fiuancl.institutiorcon' (Rightto Fintacal Prvacy b6 -1 A) . Al2USC3414(aXS)A)).. '-A ;'. - b7C -1 - credit bheainfo -idenity of inc titutos ::.National Security Law Branch wmmas imi ms aiam a out~iat Federal Bureau of Investigation - .com r.identyinginformat io n (imtndesrnam . Sassociated withperson, pirrentlfomer addresses and S. plares ofiemployment) (Fair Credit Reporting Act) (IS National Security Letters . National Security Letters i Prior to Patriot Act, standard for getingN SL was that * Pri orio'Patriot Act, proval a culd no'li ' * targetbdtiedto foreign power. .. , than Dp Assistnt Diretor Patriot Act ilowed .. Under Section 50Sof thePiitriotAct,.icisTi standard -' ... deegtion dow to.the SACa.'-. -. . only need the infrniation to be rlittoan aithoized C ely, approval autrity lias been delegated to Sinvestigation to prtect against inernational terorism or. . D i . " i.. Scltaidestibete activities rovidedthate dcban ,, AataicsatDi tain4i~id liOADAt.rCC - iCesbtition ofaUited States pcq.nia. not ondited: " ' . " OlCoa.'dn lcmfTt ,=ase .... 'solelyon the basis of activities pritettd byt r .: .. ' :. "..A Cte . rd .1 SAcit,. NY .' " Saiendnt iof theConstifutionoftheUlUnited'Sae. .; ,* * s . ., .. :. . m t. . o ".:.^; '- ":' .^:.;.., . " . . .^ ... . . :.. ... . SNational Security Letters National Security Letters * For all NSLs, issuing office must prepare two documents: ) the pseland an EC approving te NSLand All NSLs should have a non-disclosure warning SAllNSLs mustbe addrssed to the specific com y pint All NSLs should say that the information should of contact (many of which are listed on NSLB's website) be personally delivered to the FBI, not mailed SAll NSLs should identify the statutory authority for the All NSLs must be personally served on or secure reuest, the type of records rc uested, and provide faxed to the company (even though they are not en g oaon to asist the company in processing classified, the fact ofa named taret and a the te~ reference to an IT or intelligence investigation * All NSLs rquire a cetification that the records sought aa would imply that the taret is the subject of an relevant to an authorized investigation to protect against ol S ty netati h a i international terrorism or clandestine inteligence oactivities National Security investigation, which fact is and that an investigation of a USP is not conducted solely Classified) on the basis of fist amendment rights. ALL. INFO TITMON CONTAI E HIEREIN S UJNCLASSIFIED DATE 07 22 B 9 NSL ---- . -. .-- . -.- --- -- - -- - VIO-2701- Case 1:07-cv-00656-JDB Document 40 Filed 12/24/09 Page 13 of 48 National Security Letters National Security Letters a The cover EC serves four functions: SCertain NSLa have an attachment suggesting the tye of - It docans th predicaion for the NSL by stating why the information that the company may considered ito fa nfrmaon sought is rev to n investiaon within the paramete' t-, Fr .ml--*- - it doaentshe pprovaloftleNSLbyfield aspevises - T iIt con sinf tion needed to fulfill Congrcssiol reporting requiremns er ch type ofNSL b2 -1 - t aramnibs tth NSL to the Iquestig squad or deiving field b7E -1 division fordtlvy b7E -1 M For reporting purposes. the EC must include case file - railmat necn e umb r. subjects USP status, type ofNSL issued, and the number of phone numbers, email addresses, account numbers or individual records being requested in thcNSL RFPA National Security Letters Full Credit Reports - Court Order .RccMmca instasttewVetpuTdttscfc~nkiof A tddt io6'C 'USC.i681'a) at&6); "fiancia iztittma'espwd wiciantermNSt mdrtbe. .infoniation Zflnancial insctions diconsumer".' R * A - ' 'identifing information): uidcr'l5'USC 16bli(). 'canget ''.m Pa31 rSC312("). i, t dlms t . . full cownumr reportinCI all.CT.cases bya paCCput .. b . a erord tt.gt a, t.d"ith.iE btqe tl . .' "' " " S.* • ", "b'u .' .' .' f:.S-*.;': - '- . BsenonYgcaseaMcney emS aatireameorilder a Sectioi505ofPattiotAig standaforFCRA-; . • "ofaveads ckacDce', mtneycrsorifordjtcn'.. Court oirr for cosumer report- elimat.ed .reiu.ent r .. tad;d 2d ,, 1 ,Rtan SI.- ,,,. reins, e ct poNSs) ad ceaedstandari of relevanetd san; SofbUStt goSctagniln m o t tgrtoa cictriitt - u ircitiioioiori e to r il or . h sinratiosinuitao mtm sitaseh , .. .o, kt clarindestUi.iclitesc acvnti. olidatcdth:atas'--l • in" t c s nyvh oul ofo* '.'l ,c 'inl vestigati of USPisnot co iidc .i lelyh'th o banl *.-i ie~yt ntt n,- .-. :. . . .*..* *f first nmedhe rights. -' ; SFull Credit Report NSL - IT cases Full Credit Report NSL - IT cases SPatriot Act added 168 ' to CRA to athorib NSLa dto ;.". d Samlbsc approvaYl aiotheriNsI '". obtainfull consumerreportofacons dir andll othri t (DepuDirector, EAD fo r/CI;'AD. and'al: . Sother information i aconsumr's fie" (t just identity of. " DAal Cisel; Depuity Geial financial iistitution oir consumer identifying information) ' ' Counsel for National'Sec.ity-Affain, Seii: " inlTcassonly ' . :.Counsel forNational Security-Afiairs, ADICs ahd w Full credit report to be provided to "a government agency SACs in NY, D.C., LA, andall SACs in.otser authorized to conduct investigations of, or intelligence or field offides) b2 -1 counterintelligence activities or analysis related to .. . Includes non-disclosure provisin b7E -1imitemational terorism when prtsentadwithh wrtitlc. ,Consr.mcr ,-o.i b7En-ae -tireqsrIe, i :, certification by suchgovernment gency tslsuc .'.- e inotation is anecssay fortht agncy'sconuducofsuch C0iLdSS'" -.. co.:'- S.investigation, activity or analysis." ' . .. SL -:. - --- jL7:-2S -_- . ...... ... -.- -- - - - . . ..- -.-- ." 1 -=: ^*:: ^' rr m - - - ^~ ^- ^-- -*" Vi^T2 * ~ - - -'- -~~ Case 1:07-cv-00656-JDB Document 40 Filed 12/24/09 Page 14 of 48 Full Credit Report NSL - IT cases Dissemination ofNSL Information * As with other NSLs, subject of NSL does not have * Information obtained through the use of NSLs to be target of the investigation may be disseminated in accordance with general * Same mechanism as other NSLs - Cover EC and standards set forth in AG guidelines - i.e, the rules NSL itself that apply to information sharing with DOJ, a Although no congressional reporting requirement federal, state and local authorities wherein share if - cover EC should still state the number of reports information relates to the responsibility of the requested, in the event we are asked by Congress entity about the use of this NSL SDissemination of NSL Information Payment for NSL Information SPer the AG guidelines, NSL infomation'disseminstion is * NSL for toll records/email accounts, ECPA, does not also subject to specific statutory limitations (cg. toll record provide for reimbursement of costs, although some offices NSL statute. ECPA, 18 USC 2701, and financial record do pay when requested in order to keep on good terms with NSL statute, RFPA, 12 USC 3414, permit dissemination if servce providers per AGguidelinesandinformationis clearlyrelvantto NSL for financial records RFPA, ruirs reimbursementrmGponsgilitnes of recipintragetny credit report 1681u of costs; Title 12, CRF Part 219, and appendix, provides responsibilities of rcipient agency-,credit report 169 u reimbursement cost schedule NSL statute, FCRA, 15 USC 1681u permits NSL for financial institution information and consumer dissemination to other federal agencies as may be identi fin inniormation, FCRA, section a168d provides necessary for the approval or conduct of a FCI for payment but no schedule has been promulgated ovestigat no spcial statutory rules fordissemination NSL for full credit reports, FCRA, section 1681v does not of 15 1681v infoation) provide for reimbursement of costs FISA - Business Records FISA - Business Records Under FISA, 50 USC 1861, FBI can apply to ta inb t A (ico mab :n ..FISC fr an ex parteorder for business .:-;.: *. oticr i tems)-y .. ". "- . Srecords (note:.other sections:of FISA. ay tt.. Patriot Act changced atanrdi:the informatim to '.. AG applies toCoirt fbrordei) ' -; obtiied is lcig imtelligene infoisatio notconcerng a AG aplies t urt fr oder).. . USprson oris r.levnttomanongoing investgston to. .When added t6 FISA in 1998, limited tob', prott against international tenorsmor clandestine buiness reofds from coinui on.car:riers:,; I aivit- .ad t gn thiig.activt- invetigation of USP * . S 6.ai-coin6 dati;nsiy .lerenas;,.. 1'; A mci t. ;accomodaiion".: .:.*.cno !.7 bas d' ' -''-'.. storage facdiiies:and standard was s cific ' Same stndard iss lishedby PatriotActfor PRfTi NS.Ls Sand articilable facts that records related to Availabie in P1 ad fll ivestigations: :. ageni of foreign power . ' ' . . . ...--.. . NI "- . .. . " ....... - Case 1:07-cv-00656-JDB Document 40 Filed 12/24/09 Page 15 of 48 FISA - Business Records FISA - Business Records .: .:. . . . .', ' usedonce, before Patri..A.ct. ;- ' FISA ps deleatiidwn t l ofE ASC .. . be made "-- S^ c ;to:nOPo no i tIlP.Rphasitpresentefd a. to , dc.u gaiectbheadqiaa officihai b6(De ' tu ty.:y - O tIRhas.t-prentd yto'. : Director EAD for CT/CI AD and all DA of- thiFISC * <:: SCT, CeL Cyrtr Genera Counsel DCpY Geneal I a Signedrequest'that 3was a o.ved by:FBI:'" Counse forNational Secunrity Affairs,and- . ad iis'n ' with the DAGr:bffic ":;. Senior Counsel for National Security Affais) . r* . with DA SBusiness records fon available forfield to'fill ouit ':Thitus, thisproision dfthe-Patriot Act has an hebmit to adquarters and NSLB (atty never been used- .*. b6 -1 .I I. . ' ... .. . ...).. b7C -1 Z FISA - Business Records Educational Records * May ot may not be able to get records Section 507 of the Patriot Act amended the FamilyEducational Rights and Privacy Act of 1974 (FERPA). 20 covered by other statutes, such as tax usC 12 32g (a the "Buckley amendment"), to provide returns or educational records -OIPR takes for the AG to submit written application to court of comptentjurisdiction (OIPR says this does not include position that specific tax and educational C) for ex pate order requring educational institution to records statutes govern the procurement of provie eucational rerds "rvant to an autorize mvestigation or prosecution of [certain defined federal those records terrorism offese] or an act of domestic or international * Library record requests will be subject to a Must vide certification that thee are secif and scrutiny articulable facts giving reason to believe that the education records are likely to contain information relevant to such an investigation . Educational Records i Educational Records Education records defined in FERPA as "those records, a Patriot Act's amendment to Buckley was an expansion of files, documents and other materials which (I) contain the availability of student records, which are generally ioformation directly related to a student; and (2) a protected under 20 USC 1232g which specifically sets maintain y an ucational agency or instituon orbya forthwhomay be granted aces to such records person acting for such agency or institutioi." " Educational institution is immune from liability if it a Until this change in the Patriot Act, records were only complies with court ordei available (and remain available) with the written consent * Institutions are not supposed to tell target of the request, of te student, a cout order, or a 03 or law enforcement since court order is ex pate, but no particular provision of subpoena (if by court order or subpoena, student must be statute provides for secrecy ofthe AG application - would notified in advance ofcompliance unless a court orders need to include such provision in the court order non-disclosure) * General record keeping requirements of the school-do not apply to the ex pare order SProcedures for submitting a requst for such an application .. . .:-- .... _ . . . .I .. NSL=. .-. ... ... ....... .. VIO-2704 ..... Case 1:07-cv-00656-JDB Document 40 Filed 12/24/09 Page 16 of 48 S Educational Records Educational Records * Stante permits ascool.bdoe't mrrequi) trea ' : :. - *dctyin aion (m"add.es i tcl po DOB. Satute apphies tostumat academic recors Sfield of study dates of attendane degres and awards . doesiot protect records kept by camus la . " received.participation in oficial activis adspori enforcement orrtecords nsntaed by medica. - '.s, ,ro ,. .u ir - . . .prof~ssionals affilited witte school; nor does it :.$"Srequired tata.studen~tseaffored'i B- protetecords of empoye ...'*'directory in 6ifresi r cthoord m e by niedical consenorcou Tordm W. - ;FBIplicy as -ted afbmR.1976 n1996 is nbtio Schol isoi~ lcly to rleaedi y ipb im , even request or acept oruse inforidation .m. sour s .u q i lt i Ld: . or hber employ ateducation l sti tuto' - witoutd notifyaing , ens to iidfms ds o a Educational Records Tax Records * " "' "LATIONO TAXPAYER T .. ORMATIOt: i* ..'BstmtioalejiBlansC6I Pt°3^"tail g i b2 -1 o so , .'a n"r;t? o . or b7E -1 .. ' .. , ' -'-. *- ..-'..'a!,-n a mal-i B a =n*-,'"2. Tax Records- U Tax Records - Return Info Taxpayer Return Information U Other Than Taxpayer Return SIntelligen case: 26 USC 6103((7)(-provided for LIMITATIONS ON RETURN INFORMATION OTHER AG application to a federal district court for an ex pate THAN TAXPAYER RETURN INFORMATION - term court order to disclose taxpayer return information to defined as information gathered during course of tax federal intelligence or LE agency employees personally investigation that did not come from taxpayer and directly engaged in any investigation, response to, or analysis of intelligence and countentelligencc information a Non-tax criminal case: 26 USC 6301(i)12)(A), (B) - concerning any terrorist incident, reator activity. federal employees personally and direcy engaged in the * However, provision expired Decenber31, 2003 and was proceeding can have access to return information (other never used and never renewed han taxpayer return information) upon written request SThus; at present time. no way to get taxpayer return from hel of ageny information in intelligence case if no criminal nexus __ . . . -. -- - cortorertodiclsetaparrtu ifo-aio-t Vl--27fe foraingtee uigono Case 1:07-cv-00656-JDB Document 40 Filed 12/24/09 Page 17 of 48 *(. : . Tax Records - Return Info ] Tax Records - Return Info S Other Than Taxpayer Return Other Than Taxpayer Return * Intelligence case: 26 USC 6103(i)(3)C) povided lhat we Ncricsd pravitton-6 USC 61o0yX7XA) pided fa fo couldet (and did &en) from the IRS (inl udg the IRS rep o tSoa on JTITF) return information (other than taxpayer return .prlt poroeaulb, d d.irctlyn engcdin tb e repone to or information) "that may b related to a teorist incident, ator foany a d it ecatoraiv threat or activity"-IRS rep needed permission to disclose Never sed provisio - 26 USC 6103(I(7)(B)- prvida fora fona from an IRS disclosure ofe, once pemission received, wrlen request by the hed ofan Iine ae for te disclosue information was disseminated to FBIl and IRS disclosure otf tmr infcnnsriona (obter ihan eapayn " rezm i onna to any officer formally notified Director ofthe FBI ofthe iedlefsarany pcim ~otwbo a p omty tnd tet g.a inm theolttocti"mp zmo t :; oG clrgor, omntidcm w.lge'rccdisclosure infomtion nor inavec slaon coincrnie ay inorit indeat, hrat a However, that provision expired December 31,2003 and or ctivity. has not been renewed a Thso pidvisins wereneverused, expired Docnbr31, 2003 and have otbeen enewed S Tax Records - Return Info f Tax Records- Other Than Taxpayer Return Use in Proceedings , * Per26 n SC7213Ather a .isdn.rcriinalf PC, lai ortUftic niegyny a. * enaltie that ettach to unaithorized ispectionor rctur. -pFty FISA pIBatldoes nor seen to b acnruxpaned bore' informition -thi need to be eauelivhtci acceptigany 26 USCa i7l atiytaoimirip.<« . fl utt W•a t U u , . . in ett a . . , . . , I I " f. k ft F.,.1k b6b4 .- Informa t . National Seud 3 ty l b6 at *\ an ..cou. -5 b7E -1 *. Haadatabas. "" - ,. . '~ua *'1 -i'- '*.1 :I~ii;' Need threetoeUQ designeet pproval: ";~' r . 1 . ":;-. - h ';-,,...: r'*:.. I2:' -: ''"." .. ... *. " a.a u I - .-..- * process equd ormation is to sny within a= uI b7E -1 NSL VIO-2706 Case 1:07-cv-00656-JDB Document 40 Filed 12/24/09 Page 18 of 48 QUESTIONS? b6 -1 b7C -1 b2 -2,5 (202)324- SVisit our FBI Intranet site at. NSL VIO-2707 Case 1:07-cv-00656-JDB Document 40 Filed 12/24/09 Page 19 of 48 I (OGC) (FBI) b2 -1 From: I (OGC) (FBI) b6 -1 Sent: ridv nn nn 45 AM b7C -1 To: (FB) b7E -1 Subject: ET: NSL IU quesion UNCLASSIFIED NON-RECORD b5 -1 b6 -1 b7C -1 -- Original Message-- - From: I FB b2 -1 Sent: Tuesday, June 20, 2006 10:44 AM b6 -1 To: I POG (FBI) b7C -1 Subject: NSL I1B question b7E -1 UNCLASSIFIED NON-RECORD b2 -1 b5 -1 b6 -1 b7C -1 b7E -1 SSA b2 -1,2 b6 -1 FB I b7C -1 voice b7E -1 Fax UNCLASSIFIED UNCLASSIFIED !iLi ihi fdj eC0oNTMIA'Oit20 HEREITN IS TNCLASSIFIED, DATE 07-12-2007o Y 51 79. DHiyTAlM/KSR/JT NSL VIO-2800 Case 1:07-cv-00656-JDB Document 40 Filed 12/24/09 Page 20 of 48 SMessage Page 1 of 4 I (OGC) (FBI) From: I OGC) (FBI) Sent: Monday, April 04, 2005 11:56 AM To: lnrtR ) I(OGC) (FBI); b2 -1 b6 -1 Cc: (FBI); (OGC) (FBI) b7C -1 Subject: RE: NSLs for financial summary information b7E -1 SENSITIVE BUT UNCLASSIFIED NON-RECORD -.- Oriainal Mesa----- Fromt |(OGC) (FBI) Sent: Monday, April 04 25 11:02 AM To:l (OGC) (FBI)I I (OGC) (FBI);I I(OGC) (FBI) [OGC)(FBI) b2 -1 Cc: (FBI); (OGC) (FBI) b5 -1 Subject: RE: NSLs for financial summary in ormation b6 -1 b7C -1 SENSITIVE BUT UNCLASSIFIED "b7E -1 NON-RECORD I nave included _ n this e-mail for his 101 expertise, and I look torward to te opinions of my learned colleagues. ----- Oriainal M10Ha-- From: OGC) (FBI) r Se" inna Anrn1 1 70)\ 9: AM To: (KOGC) (I); (OGC) (FBI) OGC) (FBl GC)(FBI) Cc: (FBI). b2 - 1 Subject: RE: NSLs for financial summary information b5 -1 LL INFORMATION CONTAINEV b7C -1 SENSITIVE BUT UNCLASSIFIED IEREINT IS U ICLASSIFIE_ ~ __ b7E -1 NON-RECORD PATE 07-1.2-2007 BY 65179 DMH/TAfH/KSRIJ S ... . ..... .- .. .. -....- ... --- NSL VIO-2902 - 6/29/2006 Case 1:07-cv-00656-JDB Document 40 Filed 12/24/09 Page 21 of 48 Message Page 2 of 4 b4 b5 -1 b6 -1 b7C -1 b7D -1 ---- Original Message- From: (FBI) Sent: Tuesday, March 29, 2005 9:10 AM To OGC) (FBI) Cc JFBI) Suject: FW: NSLs for inancial summary information b2 -1 SENSITIVE BUT UNCLASSIFIED b4 NON-RECORD b5 -1 b7C -1 b7D -1 b7E -1 Thanks for any advice you can provide in this ----- Original Message--- Fromn: FBI) Sent: Friaay, March 18 2005 7:23 AM Tn i (FBI);I FBI);I 1 Subject FW: NSLs for financial summary information b4b5 -1 b6 -1 SENSITIVE BUT UNCLASSIFIED b7C -1 NON-RECORD b7D -1 b7E -1 FYI: Take care, ----- Original Message----- S- -- - -- --- NSL VIO-2903" . 6/29/2006 Case 1:07-cv-00656-JDB Document 40 Filed 12/24/09 Page 22 of 48 Message Page 3 of 4 From: (FBI) - Sent: Thursdav. March 17,200 2:56 PM To, (FBI);_ (FBI); I (FB 1 [FB; ( I(FBI) Cc t (FBI) Su ect: NSs for inancial summary information SENSITIVE BUT UNCLASSIFIED NON-RECORD Hello to everyone. I a and have been talkino wit I Ithe ISS who is serves NSLs to I b2 -1,2 b4 b5 -1 . b6 -1 b7C -1 b7D -1 b7E -1 bDivision SENSITIVE BUT UNCLASSIFIED SENSITIVE BUT UNCLASSIFIED SENSITIVE BUT UNCLASSIFIED SENSITIVE BUT UNCLASSIFIED SENSITIVE BUT.UNCLASSIFIED ... -...... ...-........... .... ..... NSLVIO-2904 6/29/2006 Case 1:07-cv-00656-JDB Document 40 Filed 12/24/09 Page 23 of 48 'ALL INFORMATION CONTAINED HEREIN IS UNCLASSIFIE] (Rev. 01-31-2003) DDAT _ 08-02-200_7_ BY? 65179 dbhjksrgci FEDERAL BUREAU OF INVESTIGATION Precedence: IMMEDIATE Date: 04/15/2003 To:All Field Offices Attn: ADIC SAC CDC From: Office of the General Counsel Investigative Law Unit/Room b6 -1 Contact: [ b7C -1 b2 -2 Approved By: Kelley Patrick W. Lammert Elaine N Drafted By: I Case ID #: 66F-HQ-1085160 (Pending) 66F-HQ-1085159 (Pending) 66F-HQ-C1382989 (Pending) 66F-HQ-C1384970 Title: Emergency Disclosures under ECPA 18 U.S.C. § 2702 Reporting Requirement Synopsis: This EC advises receiving field offices of the reporting requirement under 18 U.S.C. Section 2702(b)(7) regarding any voluntary disclosures made by a service provider to the FBI under this emergency disclosure provision. Field offices must immediately report if they received any voluntary disclosures of content or records from service providers under this provision between January 24, 2003 and March 31, 2003. Negative reports are not required. Additional reports will be required at later dates. Enclosure(s): Sample report Details: The Electronic Communications Privacy Act (ECPA), codified in 18 U.S.C. § 2701, et. seq., provides privacy protection for electronic communications, such as e-mail, and associated records. It also outlines the compulsory process that law enforcement can use to obtain both the content of communications and records held by an electronic communications service provider or a remote computing service, most often an Internet Service Provider (ISP). The USA Patriot Act created a voluntary disclosure provision which explicitly permits, but does not require, a service provider to disclose to law enforcement either content or non-content customer records in emergencies involving an immediate risk of death or serious physical injury to any person. 18 U.S.C. § 2702(b)(7); 18 U.S.C. § 2702(c)(4). The Homeland Security Act modified this provision and created a reporting requirement for every disclosure made under this provision. This EC provides guidance on the reporting requirement and notifies the field of urgent deadlines in order to ensure full compliance with the statutory deadlines. Further guidance will be issued in the near future on the use of the provision. NSL VIO-3107 Case 1:07-cv-00656-JDB Document 40 Filed 12/24/09 Page 24 of 48 To: All Field Offices Fro... Office of the General Counsel Re: 66F-HQ-1085160, 04/15/2003 The reporting requirement as enacted in the Homeland Security Act reads as follows: "A government entity that receives a disclosure under section 2702(b) of title 18, United States Code, shall file, not later than 90 days after such disclosure, a report to the Attorney General stating the paragraph of that section under which the disclosure was made, the date of the disclosure, the entity to which the disclosure was made, the number of customers or subscribers to whom the information disclosed pertained, and the number of communications, if any, that were disclosed. The Attorney General shall publish all such reports into a single report to be submitted to Congress 1 year after the date of enactment of this Act."' While the language of the reporting requirement states that any disclosure to the government under 18 U.S.C. § 2702(b) must be reported, a reasonable interpretation of the legislative history narrows this reporting requirement to 2702(b)(7), the emergency disclosure provision.2 This is a one-time reporting requirement, meaning that after the Attorney General files the report in November 2003, the reporting requirement ceases. Generally, when the FBI seeks information from an ISP, the request will be directed at a certain account or on-line identity (i.e., screen name). One subscriber may have multiple accounts and each account may include multiple identities. We may be unable to distinguish accounts and identities from customers and subscribers until well into the investigation. Therefore, to satisfy the reporting requirement and to simplify the reporting process, the FBI will report the number of accounts or identities about which information was sought, instead of the number of customers or subscribers. For example, if in responding to a crisis surrounding a kidnaping the FBI has five e-mail addresses for which information is sought, then even if all five addresses are held by the same person, the FBI will report that information .was sought pertaining to five e-mail addresses. Similarly, if one letter to an ISP lists four screen names and five e-mail addresses, then the FBI will report that information was sought on nine identities. In the cover letter to the report we will explain what the data means and why we 'Homeland Security Act of 2002, P.L.107-296, § 225(d)(2). 2§ 2702(b) authorizes the ISP to make disclosures to the intended recipient of the e-mail, consistent with the consent of the originator or recipient, and to another service used to forward the mail to the intended recipient. Congress did not intend for the Attorney General to report to Congress every time that a government employee receives an e-mail that was forwarded through an ISP. The legislative history demonstrates that Congress' concern was that law enforcement might abuse the ability to approach an ISP and present emergency circumstances to the ISP, causing the ISP to voluntarily provide e-mail content and records to the law enforcement agency. It is only in this context that the reporting requirement is discussed in the legislative history. See H.R. Rep. 107-497, pg. 14; 148 Cong. Rec. H4580-05, pg. H4583 (Congressional debate on the Cyber Security Enhancement Act of 2002, dated July 15, 2002)(statement of Ms. Jackson-Lee). 2 NSL VIO-3108 Case 1:07-cv-00656-JDB Document 40 Filed 12/24/09 Page 25 of 48 To: All Field Offices FrL . Office of the General Counsel Re: 66F-HQ-1085160, 04/15/2003 cannot report the exact information requested. By reporting and explaining this information, the FBI will be complying with the intent of the law. To facilitate the reporting process, the Investigative Law Unit .(ILU), Office of the General Counsel (OGC) will act as the central point for all FBI reports of disclosures under the emergency disclosure provision. Field offices should provide ILU with a list of the disclosures they have received under this provision. Information should be submitted in the form of an Excel spreadsheet with one.column each for the following information: 1) the date of receipt of the disclosure; 2) whether content (i.e., e-mail) or records were received; and 3) the number of e-mail messages or communications disclosed. A separate record or line item should be listed for each account or identity about which the disclosure was made. A sample spreadsheet is attached. The statute requires that disclosures made under this emergency disclosure provision are to be reported to the Attorney General within 90 days of the disclosure. As a part of the Homeland Security Act, the reporting requirement became effective on January 24, 2003. Therefore, any disclosures received prior to January 24, 2003, need not be reported. Any disclosures made under § 2702(b)(7) and received on January 24, 2003, must be reported to the Department of Justice (DOJ) by April 24, 2003. In order to provide this information to the DOJ within the deadline, any office which received disclosures under this emergency disclosure provision between Januar 24 and March 31. 2003 are to: 1) telephoi cay notify Assistant General Counsel (AGG. ILU, OGC at (202) 324-. or ILU, OGC (202) 324 _ as soon as possible; and 2) submit the above detailed information to b6 -1 ILU by April 21, 2003 so that any necessary reporting can be made to the DOJ within the b7C -1 statutory deadlines. Negative reporting is not required. b2 -2 Thereafter, reports should be submitted quarterly (via EC with an electronic copy also sent via e-mail) under the following schedule: all disclosures received between April 1 and June 10, 2003 are to be reported to ILU by June 20, 2003; all disclosures received between June 11 and August 15, 2003 are to be submitted to ILU by August 31, 2003; all disclosures received between August 16 and October 15, 2003 are to be submitted to ILU by November 1, 2003. S ,-- y questions should be directed to G at telephone number (202) 324 _ or UC Elaine Lammert at (202) 324 .' 3 NSL VIO-3109 Case 1:07-cv-00656-JDB Document 40 Filed 12/24/09 Page 26 of 48 To: All Field Offices Frc . Office of the General Counsel Re: 66F-HQ-1085160, 04/15/2003 LEAD(s): Set Lead 1: (Action) ALL RECEIVING OFFICES Any office which has received a disclosure of electronic communications or records from a service provider under 18 U.S.C. § 2702 since January 24, 2003 are to telephonically notify the above contact person immediately and provide a written report of such disclosures in accordance with the dates specified above. Negative reports are not required. 4 NSL VIO-3110 Case 1:07-cv-00656-JDB Document 40 Filed 12/24/09 Page 27 of 48 To: All Field Offices Fr. . Office of the General Counsel Re: 66F-HQ-1085160, 04/15/2003 cc: 1 - Mr. Kelley 1 1 1 b6 -1 1 b7C -1 1 1 1 1 2 - ILU Files 5 NSL VIO-3111 Case 1:07-cv-00656-JDB Document 40 Filed 12/24/09 Page 28 of 48 SATTACHMENT In preparing your response to this National Security Letter, you should determine whether your company maintains the following types of information which may be considered by you to be an electronic communication transactional record in accordance with Title 18, United States Code, Section 2709: b2 -1 b7E -1 This National Security Letter does not request, and you should not provide, information pursuant to this request that would disclose the content of any electronic communication as defined in Title 18, United States Code, Section 2510(8). ALL. INFOP ITIO CONTAIjE HEREIN IS UNCLASSIFIEV, DATE 06-23-2007 BY 65179 da.h/kr_/pri: - . - -.- _*NSLVIQ-4528 - ----- Case 1:07-cv-00656-JDB Document 40 Filed 12/24/09 Page 29 of 48 NSL matter^ tt ... 3e5 P go7 2oHN s. (DO) (FB); KA MessaeF- FMaY 2 1III aDOl I^BI 1 b . MUELLER ----- t V- b"7c - matter P7soH 1. b2 -. CLASS O7- b7E -1 FTs b6 -1 -1 ut wtit ine o 1 bl 7 b6 -2,7 b2 -1 egar s t b795 -1 bl cUon ~riene ral; -tricth aeUnte e a 9 on a 6o 2004, heal csa t s f O st a the da ait ins . the Uni ec uoes a t o t ot 5e04 larn e fi ed a O o l d ho laws n u it a in a1ter (NsLuI. underea -b ecaUser e fi ri on Y 1 av Securi s rema _n can b eDistrict 9W a Nat ai large Pote inform"ation be dSoed , nalitY O r seal a very i t e thethe cas e der d e par.e rema po r tio sO fh c a s et s t i o n a l i t y o f th a publicyabouti-Fourth an T includes a faChat allege Trhe laNl nt- on le Th. " ntS f a aS " "fro the SSThe P.onstitution t n.ent to t e oe nee ro vde -s tr e codpe i ntenoida - Fefth iauutlOnal benoe aitt i and intends to u n c o n sti " t s r e ca e e n o t f arenu = ee s cl a i m s , u e ot rand doesituPecilde innedf dp fof an NSL, th e trnen t po these statute de i " f thht by the Ie . "t under the vabedt .formation olasUt and const.tue croSS-mt for suary the the la ws oummary judgfent on 5!17/4tn ,vigousl defend the motion for su."- fil ng. _ c . "_-o Of . f l e d a f o r b e d ib e fbni ea i n f r o n ti er -epl -ain e dote Government w fll e a th lectro T ntiffs. fiehe Goenizatons have mi include ....rrent briefin s Severalt. -Thenam uit-FFt on mot4on for summary 3 udgment jUa, i': f , moti o n page 1 NSL VIO-9512 Case 1:07-cv-00656-JDB Document 40 Filed 12/24/09 Page 30 of 48 ---- i jS- L matter.txt Foundation and the American Lbrary Association. I~ l. .. .................... . . ................. . bI I I b6 -2,7 b7C -2,7 I I m I I I Shas never met in person. nED FROM: G-3 FBI Classification Guide G-3 dat gn count l gence Invep DE Page 2 NSL VIO-9513 Case 1:07-cv-00656-JDB Document 40 Filed 12/24/09 Page 31 of 48 AiL INFORHATION -GOH DMPAINE2007 liI . .is U CLA SSFIED EXCE P CLASSIFIED BY 6517 DHIKSR/bg NHEBE SHOWI OTHERISE EASN: 1.4 (c) -- DECLASSIFY ON: 11-27-2032 .(Rev. 1-31-2003) FEDERAL BUREAU OF INVESTIGATION Precedence: ROUTINE Date: 02/02/2005 To: Counterterrorism Attn: From: b2 -1,2 Contact: SA b7E -1 b6 -1,2 Approved By: b7C -1,2 bl Drafted By: Case ID #: (S) (Pending) Title: (S) Synopsis: (S) Results of NSL regarding email account - bl b2 -1 .(U) ...... ....... '- From : b7E -1 66F-HQ-C1303375 (Pending) ------ I-O-LASSIFIA E CP.O......... EREIN IS UNCLASSIFIED EXEPX _ERE SHOWN OTHERVISE bl Title: (S) b6 -2 b7C -2 EOPS b2 -1 NSL b7A Sy'nopsi's:-" .* Approves the issuance of an ECPA National Security Letter (NSL); provides reporting data; and, if necessary, transmits the NSL for delivery to the electronic communications service provider.il" ... ..................... F rom bl x, Declass .F 1-25 b2 -1 b7E -1 Enclosure(s): (U) Enclosed for thel IField Office b4 are an original and a copy of a National Security Letter, b6 -5 dated 07/12/2005, addressed tol I b7C -5 Attn: b7D -1 requesting information related to electronic communications b7E -1 ---~~~~~---------- --------------------------------- Case ID NSL bA Serial : -NSL b 7 A S66F-HQ -C1303375 o/ __ I )__ ___-._S4ET NSL VIO-10726 _ SE ETT Case 1:07-cv-00656-JDB Document 40 Filed 12/24/09 Page 43 of 48 Case 1:07-cv-00656-JDB Document 40 Filed 12/24/09 Page 44 of 48 i SECET NF ---- Working Copy ---- Page 3 (U) Arrangements should be made with the institution receiving the enclosed letter to produce the records b2 -1 personally to an employee of the Field Office. The b7E -1 institution should neither send the records through the mail, nor utilize the name of the subject or any identifying information related to the subject in any telephone calls to the FBI. The institution should not contact FBIHQ directly in any manner. (U) The| IField Office should remind the institution that it is prohibited from disclosing that the FBI has made this request. (U) Any questions regarding the above can be directed to FBIHQ, TIS Should the institution be unable to fully comply with this request due to lack of specificity or should the institution b2 -1,2 require more detailed information to locate such records, the b6 - 1 Field Office should immediately contact TIS b7C -1 _or additional information. b7E -1 **FOOTNOTES** LEAD(s): Set Lead 1: (Action) I b2 -1,2 b6 -1 b7C -1 ATIb7E -1 (U) Hand deliver enclosed NSL as indicated above. dTTnnn r-int of -r n d records, notify TIS to coordinate immediate delivery of records to FBIHQ, Counterterrorism Division, CTD/CXS/EOPS, Room 4343. Set Lead 2: (Action) GENERAL COUNSEL AT WASHINGTON, DC (U) NSLB is requested to record the appropriate information needed to fulfill the Congressional reporting requirements for NSLs. NSL VIO-10728 S- .. S RET - - Case 1:07-cv-00656-JDB Document 40 Filed 12/24/09 Page 45 of 48 i&^ET SE ET ---- Working Copy ---- Page 1 Precedence: IMMEDIATE Date: 07/11/2005 To: Counterterrorism Attn: ITOS II/Global Operations Unit ITOS I/CONUS I/Team 1 T'rnQ T Ai__ General Counsel Attn: National Security Law Branch DGC Julie F. Thomas CI b2 -1 International Operations Attn: IOU7 b6 -1 Attn: b7C -1 Attn: b7E -1 Attn: From: Counterterrri gm CXS/EOPS __Room 4343 Contact : IA DATE: 07-12-2007 CLASSIFIED BY 65179dmh/ksr/iaj' Approved By:. Hulon Willie T REASSION: 1.4 .-(cd) 12-Lewis John E DECLASSIFY ON: 07-12-203Lewis John E Thomas Julie F Bennett Laurie J ALI INFATIQN COTAIME_ oenre lHenn T HEREIN IS UNCLASSIFIED EXCEPTRogers Glenn T bl --- EP, ZHOW 0ThERaIis bl PMERE SHOUN OTHER1II5E b2 -1,6 b7A b7E -1 b6 -1 Drafted By: b7C -1 Case ID #: (S) I I(Pending) (S) ending) Tle:......) ELECTRONIC SURVEILLANCE OPERATIONS AND SHARING \ NT T . b2 -6 b2 -1 b7A b7E -1 S....Synopsis. .... ) Approves the issuance of an ECPA National Security LeteX (NSL); provides reporting data; and, if necessary., transmits the NSL for delivery to the electronic communications service provider. (U) ................ By1 asy: 75CTD b - Reason NSL VIO-10729 b7A-1 b7E -1 Case ID : Serial .) ..................... SET .. _ ..- _... &&PECT Case 1:07-cv-00656-JDB Document 40 Filed 12/24/09 Page 46 of 48 ! SE l ---- Working Copy ---- Page 2 bl b2 -1 b7E -1 Enclosure(s): (U) Enclosed for the Field Office is a copy of a Natinnal pnrity Tft--r. dat- 1 III\/200r- re t b2 -1 b4 b6 -5requesting names, b7 -5 addresses, lengtn or service, bliling records, and electronic b7D -1 communication transactional records for the individual(s) b7E -1 associated with the website listed below. Details: (S//OC/NF) CXS/EOPS] bl b2 -1 b7E -1 b7A . .. ...... //FOUO) bl b2 -1 b7E -1 b7A .S) / O..................... Y // TTo I bl b7A b2 -1 ( ................. b7E -1 b7A (,S//OC/NF)l bl b2 -1 b6 -5 b7C -5 b7E -1 b7A (S//ngLl -nr dingly, EOPS is issuing a National Security bl Letter to for electronic communication transactional b2 -1 records associated with the I b7E -1 Specifically, EOPS is issuing a National Security Letter to b7A SERET NSLVIO-10730 Case 1:07-cv-00656-JDB Document 40 Filed 12/24/09 Page 47 of 48 (s . ( SECT i ---- Working Copy ---- Page 3 obtain subscriber information for the administrator(s) operatin b *; bl b2 -1 b7E -1 M(U -.-.-- This electronic communication documents the Deputy General Counsel's National Security Law Branch approval and certification of the enclosed NSL. For mandatory reporting purposes, the enclosed NSL seeks subscriber/billing records/electronic communication transactional records associated with the following website: bl b2 -1 c , . b7E -1 I b7A (U) On 10/17/2003, the Director designated the official signing the enclosed letter as authorized to make the required certification. (U) Arrangements should be made with the institution receiving the enclosed letters to produce the records personally b2 -1 to an employee of the| Field Office. The institution should b7E -1 neither send the records through the mail nor utilize the name of the subject or any identifying information related to the subject in any telephone calls to the FBI. The institution should not contact FBIHQ directly in any manner. b2 -1 (U) The Field Office should remind the electronic b7E -1 communications provider that it is prohibited from disclosing that the FBI has made this request. (U) Any questions regarding the above can be directed to FBIHQ, IA r SSA1 I b2 -1,2 I Should the institution be unable to fully comply with b6 -1 this request due to lack of specificity or should the institution require b7C - 1 reetailed information to locate h .ds, the b7E - 1 Field Office should contact IAJ Jor SSA W for additional information. LEAD(s): Set Lead 1: (Action) GENERAL COUNSEL AT WASHINGTON, DC (U) NSLB is requested to review and approve the enclosed National Security Letter. Set Lead 2: (Action) b2 -1 b7E -1 ATI I (U ----............-. Deliver enclosed National Security SEEET NSL VIO-10731 Case 1:07-cv-00656-JDB Document 40 Filed 12/24/09 Page 48 of 48