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National Security Letters — Part 1
Page 219
219 / 1188
National Security Letters - NSLB - OGC Page 12 of 14
In addition, under the 2005 USA PATRIOT ACT, we
must now report the USP status of the subject of
the NSL request (as opposed to the target of the
investigation to which the NSL is relevant}. While
the subject is often the target of the investigation,
that may not always be the case. So the EC must
reflect the USP status is of the subject of the
request - the person whose information we are
obtaining. If we are obtaining information about
more than one person, the EC must reflect the USP
status of each of those persons. (See the form ECs,
which make clear that the USP status applies to the
subject(s) of the request for information.)
Also, to make sure that NSLB is reporting the
correct type of information that is being sought,
please be sure that the EC is consistent as to the
type of information that is being sought. Keep in
mind that when asking for toll ditling records or for
transactional records, the information produced will
include subscriber information, Thus, in that case,
the EC need only state the request is for toll billing
records or transactional records, and the reporting
paragraph should be consistent and state that toll
billing or transactional records are being sought for
x number of accounts, and, if multiple recipients,
from each of recipients #1, #2, etc.
DISSEMINATION OF NSL MATERIAL
Information obtained through the use of an NSL
may be disseminated in accordance with general
standards set forth in The Attorney General’s
Guidelines for FBI National Security Investigation
and Foreign Intelligence Collection (NSIG}.
Dissemination is further subject to specific
statutory limitations (e.g., toll record NSL statute,
ECPA, 18 U.S.C. §2709, and financial record NSL
statute, RFPA, 12 U.S.C. §3414(a)(5)(B), permit
dissemination if per NSIG and information is clearly
relevant to responsibilities of recipient agency;
limited credit information NSL statute, FCRA, 15
U.S.C. §1681u, permits dissemination to other
federal agencies as may be necessary for the
approval or conduct of an FCI investigation; no
Special statutory rules for dissemination under full
credit report NSL statute, FCRA, 15 U.S.C.
§1681v),
Although the requesting EC is generally classified
because it provides reasons for the investigation
and the need for the NSL, the NSLs themselves are
not classified, nor is the material received in return
from NSLs classified. That information may be used
in criminal proceedings without any declassification
PT
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