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National Security Letters — Part 1
Page 216
216 / 1188
D2
National
Security
Letters
-
NSLB
-
OGC
EC,
have
deterrnined
that
the
facts
of
this
case
do
not
warrant
activation
of
the
nondisclosure
requirements
under
the
applicable
National
Security
Letter
statute.
VARIOUS
GUIDANCES
Attached are
guidances
that
relates
to
NSLs.
1.
EC
dated
5X27/2005,
319X-HQ-A14B7720-
OGC, serial 20,
which
authorizes
the
use
of
return
dates.
2.
EC
dated
§g29g20o5,
319X-HQ-A1487720-
OGC, serial
24,
which
relates
to
use
of
restricted
delivery
services
to
serve
NSLs.
3.
!.5§_tl_ete_dJ£ZD£.2.Q0.6.
319X~l"|Q-A1437729-
OGC,
serial
213,
which
permits
the
FBI
to
serve
NSLs
by
non-secure
fax
under
certain
conditions.
4-
EC_.d_a@d
.4./11/20%,
319x-HQ-A14e7720-
OGC,
serial
222,
which
relates
to
the
FBI's
reimbursement
policy
for
NSLs.
5.
EC
d_a.ted_.3i09i2Q0_ii.
319! -HQ-A14B7720~
OGC, serial
210,
which
delegated
NSL
approval
and
certification
authority.
6.
§..<1l..ateci
3£09ggQQZ,
319! -HQ-A1487699-
RMD,
serial
17,
which
created
the
NSL
"document
type"
in
AC8.
"
7.
111,
poglerpoint,
which
include
a summary
of
NSL
information.
8.
gt;
dated
4,{5l{2007,
319X-HQ-A14B7720-
OGC, Procedures
for
Redacting
NSL
Results
The
relevant
delegation
of
signature
authority
EC
is
the
one
issued
on
3/09/2006,
set
forth
above.
This
encompasses
all
signature
delegations
and
takes
precedent
over
all
of
the
other
delegations
and
supercedes
some!.
So
please
look
to
it to
determine
who
has
authority
to
sign
NSLs.
The
EC
dated
3l09{2006
also
provides
for
delegation
of
the
authority
to
certify
that
the
non-disclosure
provision
is
necessary
with
respect
to
a given
NSL.
Further,
this
delegation
also
provides
authority
with
respect
to
the
ability
to
recertify
the
need
for
non-
disclosure
were
the
non-disclosure
to
be
challenged
a year
or
more
after
service
of
the
NSL.
As
has
been
D0]
policy
for
quite
some
time,
a person
in
an
acting
position
does
not
have
the
authority
to
sign
NSLs.
It follows
that
those
in
an
acting
position
do
not
have
authority
to
certify
or
recertify
the
non-
disclosure
provision,
either.
Although
the
Page
9
of
l4
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