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National Security Letters — Part 1

1188 pages · May 11, 2026 · Document date: Dec 4, 1981 · Broad topic: General · Topic: National Security Letters · 1018 pages OCR'd
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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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