◆ SpookStack

National Security Letters - NSLB - OGC Page 4 of 14 b2 sought are relevant to an authorized investigation to protect against international terrorism or clandestine intelligence activities and that an investigation of a USP is not conducted solely on the basis of First Amendment rights with the 1681v NSL certification being slightly different to reflect its application only to international terrorism investigations!. The major recent change in the format of the NSL derives from the newly enacted USA PATRIOT Improvement and Reauthorization Act of 2005 005 USA PATRIOT Act!. The non-disclosure provision is no longer automatically included in the NSL. If the requesting party seeks to have a non- disclosure provision included in the NSL, there needs to be a certification in the NSL that the disclosure may endanger national security, interfere with a criminal, counter terrorism, or counterintelligence investigation, or interfere with diplomatic relations or endanger a life. Once the certification is made, the recipient is under an obligation not to disclose the fact of the request to anyone except those in the company that have a need to know and to legal counsel, if necessary. Further, as to those NSL which contain a non- disclosure provision, the NSL recipient is informed that he must convey the non-disclosure requirement to persons who have such a need to know, and that, if asked, he must inform the FBI of the names of those persons. In addition, the NSL recipient is informed that he may challenge that non-disclosure provision. In all NSLs, the recipient is informed of his right to challenge the NSL itself if compliance would be unreasonable, oppressive or otherwise unlawful, as well as the right of the FBI to enforce the NSL, including the non-disclosure provision, if there is one. The recipientis also informed that he may return the information to the FBI via federal express, secure fax, or personal delivery but not via regular mail or non-secu re fax. NEW LANGUAGE OF THE MODEL NSLS l I I I F! -Fv'92l92f92lW