◆ SpookStack

the right to rely on our representation that there was an emergency and that the “exigent letters” - had they been issued only when there was an exigent circumstance and had they correctly identified the legal process that would foilow - would have been an appropriate tool to use. In response to the obvious intemal control lapses this situation highlights, changes have already been made to ensure that this situation does not recur. Any agent who needs to obtain ECPA-protected records on an emergency basis must now do so pursuant to 18 U.S.C. 2702. Section 2702(c\4) permits a carrier to provide information regarding its customers to the government if the provider in good faith, believes that an emergency involving danger of death or serious physical injury to any person requires disclosure without delay of information relating to the emergency. A request for disclosure pursuant to that statute generally must be in writing and must clearly state that the disclosure without legal process is at the provider’s option. The ietter request must also set out the basic facts of the emergency so that the provider can make some assessment whether it concurs that there is an emergency. Intelligence Oversight Board Process The OIG also examined misuse of NSLs that had been reported (and some that had not been reported) as part of the IOB process. As this committee knows, pursuant to Executive Order 12863 the President has an Intelligence Oversight Board that receives from the agencies in the intelligence community reports of intelligence activities that the agency believes may have been unlawful or contrary to Executive Order or Presidential Directive. This language is interpreted by the FBI and DOJ to mandate the reporting of any violation of a provision of the Attorney General's Guidelines for FBI National Security Investigations and Foreign Intelligence Collection if such provision is designed to ensure the protection of individual rights.