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National Security Letters — Part 1
Page 381
381 / 1188
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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