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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 generally permit us to obiain the same sort of documents from third party businesses that prosecutors and agents obiain in criminal investigations with grand jury subpoenas. Unlike grand jury subpoenas, however, NSL authority comes through several distinct statutes and they have specific rules that accompany them. NSLs have been instrumental in breaking up cells like the “Portland Seven,” the “Lackawanna Six,” and the “Norther Virginia Jihad.” Through the use of NSLs, the FBI has traced sources of terrorist funding, established telephone linkages that resulted in further investigation and arrests, and arrested suspicious associates with deadly weapons and explosives. NSLs allow the FBI to link terrorists together financially, and pinpoint cells and operatives by following the money. The NSL authority used most frequently by the FBI is that provided by the Electronic Communications Privacy Act (ECPA). Through an ECPA NSL, the FBI can obtain subscriber information for telephones and electronic communications and can obtain toll billing information and electronic communication transaction records. Significantly, the FBI cannot obtain the content of communications through an ECPA NSL. Although the exact numbers of ECPA NSLs remains classified, it is the most common NSL authority used, Pursuant to the Right to Financial Privacy Act (RFPA), the FBI also has the authority to issue NSLs for financial records from a financial institution. RFPA NSLs are used commonly in connection with investigations of potential terror financing. Pursuant to the Fair Credit Reporting Act, the FBI has the authority to issue three different, but related, types of NSLs to credit reporting agencies: an NSL pursuant to 15 U.S.C. 168] u(a) for the names of financial institutions with which the subject has or has had an account, an NSL pursuant to 15 U.S.C. 168Lu(b) for consumer identifying information (name, address, former
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