◆ SpookStack

bombings that killed 191 and injured approximately 1,800 people on March 11, 2004."° The National Commission on Terrorist Attacks Upon the United States also relied on telephone records in numerous instances to establish the movements and contacts of the S/LL hijackers before their terrorist attacks on the World Trade Center and the Pentagon on September 11, 2001,’ It is precisely these kinds of concerns that motivated the Commission to abandon its former nies requiring data destruction and adopt its current rules that require the maintenance of certain categories of CPNI. Prior to 1986, the Commission’s Part 42 carrier record-keeping rules required, among other things, that carriers (1) macerate or destroy the legibility of records the contents of which are forbidden by law to be divulged to unauthorized persons,'® and (2) retain telephone toll records for six months.'? As part of a comprehensive review by the Commission of its Part 42 rules and in response to a related request by DOJ to extend the telephone toll record retention period specified therein, the Commission (among other things) eliminated the records destruction - 16 See “Madrid Bombing ‘Manager’ in Court,” BBC News (June 3, 2005), viewable at http://news. bbc.co.uk/go/pe/fr/-/2/hi/uk_news/england/berkshire/4607175 stm (telephone records used to show bombing “manager” had been in contact with people involved in the Madrid bombings). u See The 911 Commission Report (released Jul. 22. 2004) at 217, 515 n.26, 522 n.68, 8 See In the Matter of Revision of Part 42, Preservation of Records of Communication Common Carriers, Notice of Proposed Rulemaking, 1985 FCC LEXIS 2945 Tq 13, 23 (1985) (“Part 42 NPRM’) (discussing the record destruction requirement contained in the then-current version of Section 42.6 of the Commissions rules, 47 C.F.R. § 42.6 (Destruction of Records) (1985)). 9 See Part 42 NPRM 4 18 (discussing the toll record retention requirement contained in the then-current version of Section 42.9 of the Commissions mules, 47 C.F.R. § 42.9 (List of Records) (1985)).