J. CASE NO. 3:15-CV-03503-HSG 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 13 - types of investigations in which the FBI may use NSLs is specified by statute. See 18 U.S.C. § 2709; 15 U.S.C. § 1681v; 15 U.S.C. §§ 1681u(a) & (b); 12 U.S.C. § 3414(a)(5)(A). • The FBI argues that if would-be criminals know the procedural requirements that FBI agents must satisfy to issue an NSL, those wrongdoers could somehow take advantage of that information to avoid detection should the FBI fail to adhere to those internal requirements.

Other federal statutes also authorize government authorities to issue NSLs in connection with counterintelligence and counterterrorism investigations. See 12 U.S.C. § 3414(a)(5); 15 U.S.C. §§ 1681u-1681v; 50 U.S.C. § 3162 In a letter dated March 10, 2015, FPF submitted a FOIA request to the FBI seeking the following records: (A) the extensive regime, rules, guidelines, or infrastructure that oversees the issuance of NSLs or exigent letters to obtain records regarding a member of the media; (B) the current procedures that FBI agents must undertake in advance of issuing a NSL or Exigent Letter to obtain records regarding any member of the media, including any pre- approval process; (C) the current procedures that FBI agents must undertake after issuing a NSL or Exigent Letter to obtain records regarding any member of the media, including any mandatory subsequent reporting process; and (D) any changes in FBI policy, procedure, or practice after the issuance of the U.S. Dept. Of Justice, Report on Review of News Media Policies (2013) and U.S. Dept. of Justice, 1 As discussed further below, the FBI als

ARGUMENT Page 4 Defendants claim of plaintiffs suffering from numerous defects. (1)AT&T contends that they have immunity based on but 12 U.S.C, § 3414, 18 U.S.C, §2703, 2707(e), and 2709 which all pertain to "international terrorism and international e-mail collection in "good faith". Defendants have not shown "specific" Federal statute that protects AT&T from prosecution under federal law for collection of private domestic e-mail.

However, in order to get that information the FBI must issue a national security letter (“NSL”) to the phone company. NSLs do not require any judicial oversight, see 18 U.S.C. § 2709; 12 U.S.C. § 3414, 15 U.S.C. § 1681u; 15 U.S.C. § 1681v; 50 U.S.C. § 3162, meaning they are hardly a check on potential abuses. There is also nothing stopping the Government from skipping the NSL step altogether and using public databases or any of its other vast resources to match phone numbers with subscribers.

¶ 8. 2 Other statutes also permit the FBI to issue NSLs for bank account information, 12 U.S.C. § 3414, and credit reports, 15 U.S.C. §§ 1681u, v, in specific types of national security investigations. Case 1:11-cv-00939-RJL Document 13 Filed 12/13/11 Page 3 of 37 4 to certain congressional committees, on a semiannual basis, concerning all NSL requests made under § 2709.

Case 1:07-cv-00656-JDB Document 42 Filed 01/28/10 Page 1 of 6 2 Background The FBI has for many years possessed a limited power in certain investigations to issue National Security Letters (“NSLs”), which are demands for customer account information and transactional records from third parties such as telephone companies, Internet service providers, financial institutions, and consumer credit agencies. See Right to Financial Privacy Act, 12 U.S.C. § 3414(a)(5); Fair Credit Reporting Act, 15 U.S.C. §§ 1681u, 1681v; Electronic Communications Privacy Act, 18 U.S.C. § 2709; National Security Act, 50 U.S.C. § 436. Signed into law shortly after the 9/11 terrorist attacks, the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (“PATRIOT Act”) substantially expanded the FBI’s preexisting legal authority to collect third-party records through NSLs. Pub. L. No. 107-56, 115 Stat. 272, §505 (2001). The NSL provision is one of the more contentious aspects of a divisive statute; as this Court has noted, “[e]ver since it was proposed, the Patriot Act has engendered controversy and debate.” American Civil Liberties Union v. Dep’t of Justice, 265 F. Supp. 2d 20, 24 (D.D.C. 2003). Reflecting Congress’s concern about the potential abuse of enhanced post-9/11 investigative powers, the USA PATRIOT Improvement and Reauthorization Act of 2005, Pub. L. No. 109-177, § 119, direc

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 ..