◆ SpookStack

National Security Letters - NSLB - OGC Page 6 of 14 statute}, an unlawful failure to comply with this fetter, including any nondisclosure requirement, may result in the United States bringing an enforcement action, COVER EC The cover EC serves five functions. 1. It documents the predication for the NSL by stating why the information sought is relevant to an authorized investigation, 2. It dacuments the approval of the NSL by appropriate personnel, 3. It documents certification of the necessity for non-disclosure, when applicable, 4. It contains information needed to fulfill Congressional reporting requirements for each type of NSL (subject's USP status, type of NSL issued, and the number of phone numbers, email addresses, account numbers or individual records being requested in the NSL}, and 5. It transmits the NSL to NSLB for reporting requirements, to CTD, CD, or Cyber for informational purposes, and, in the case of personal service, to the requesting squad or delivering field division for delivery. The EC must reference an investigative case file, and not a control file, to which the information sought is relevant. See EC dated 2/23/2007, Guidance on the Reference of Investigative Case File Number in NSL-authorizing EC, 319X-HQ- A1487720-OGC, serial 326. The EC does not need to reference an NSLB file any longer, However, there must be a lead to NSLB, for informational and reporting purposes, and a lead to the relevant HQ operational unit, (CTD, CD, Cyber}, for informational purposes. There does not need to be a hard copy of the EC or NSL sent to NSLB or the relevant HQ operational unit. The requirement for certification for the need for a non-disclosure provision is the major change in the format of the EC. It derives from the USA PATRIOT Improvement and Reauthorization Act of 2005 in that the requesting party must affirmatively take steps to have a non-disclosure provision included in the NSL; it is not automatic anymore. If a non- disclosure provision is sought, the EC must set forth a factual predicate to require such a provision. J } b2 omnes