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National Security Letters — Part 1
Page 417
417 / 1188
It's nota compulsive. But, of course, the carrier has no particular interest in protectmg
-- if you're looking at my records or you want my records, for example, the phone
company has no particular interest in protecting my privacy rights, and [ never find out
about it, so { can't go te court 10 protect them. Correct?
CAPRONI:
1 don't represent the carriers, but | would disagree with the theory that they have no
particular interest in protecting your records. In fact...
NADLER:
What is their interest?
CAPRONI:
In fact, the carriers were diligent in making sure that any record they gave to us they
subsequently obtained a national security letter for.
NADLER:
But wait a minute. But Mr. Fine's report says that in many, many instances, hundreds
of instances, that never happened.
CAPRONI:
As of right now there are still some numbers that have not received national security
letters to back up the requests.
NADLER:
Well, back up years later after the report. But that's backfilling. In other words -- and
that's certainly not evidence that the phone companies were diligent in seeking these
things. That's saying that after this report was done someone said, "Wow, we gota
problem on our hands. We better go get these letters four years later, or three years later."
So that's not evidence of what we're talking about.
CAPRONI:
Respecttully, even though ['m not defending their practice. tt ts not the case that It was
only afler Mr, Fine's report came out that (hey were attempting to make sure that the
paperwork documentation was appropriate for every record they obtained.
And let me also say...
NADLER:
And you think the paperwork documentation should be done and appropriate.
CAPRONI:
And if it's not, the records are going to come out of our database and be destroyed.
NADLER:
And in this morning's Washington Post it says, "Under past procedures, agents sent
exigent circumstances letters to phone companies seeking toll records by asserting there
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