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To: All Divisions From: Office of the General Counsel Re: 31L9X-HO-A1487720-0G6C, 04/07/2006 the FBI. OIPR has already made the changes to its pen register/trap and trace format to take advantage of the new provision. EMERGENCY DISCLOSURES See. 107 Enhanced Oversight of Good-Faith Emergency Disclosures Under Section 212 of the USA PATRIOT Act. The emergency disclosure provision, codified at 18 U.S.C. § 2702(b)(8} & (c)(4), provides law enforcement with the ability to gain quick access to e-mail content and records under emergency conditions. The USA PATRIOT Act created the emergency disclosure provision which explicitly permits, but does not require, a service provider (most often an ISP) to voluntarily disclose to law enforcement information, including e-mail content, in emergencies involving a risk of death or serious physical injury. Such disclosures are outside of the compulsory process — subpoena, court order, and search warrant — that is generally required before Jaw enforcement can obtain such information from a service provider. See, 18 U.S.C. § 2703. Section 107 makes changes to the emergency disclosure provision of 18 U.S.C. Section 2702, including the requirement for more Congressional reporting, to deal with the concern that this authority was not subject to sufficient Congressional, judicial or public oversight. Procedural Changes Related to Good-Faith Emergency Disclosures: The Attomey General must now report annually to Congress on the number of accounts subject to disclosure, and the Attomey General must report the basis for the voluntary disclosures in investigations that are closed without filing criminal charges. The FBI will need to track the use of this investigative authority for reporting purposes. The FBi will publish additional guidance on this issue as necessary. Voluntary. disclosure by if the provider, in good faith, believes that an emergency Provider: ce involving danger of death or serious physical injury to any person requires disclosure without delay. Reporting cycle: Attomey General shall report on an annual basis. Congressional — * House Judiciary Committee Committees: © | Senate Judiciary Committee Reporting categories: . * Number of accounts from which voluntary disclosures were a received. + Summary of the basis for disclosure where the investigation was closed without criminal charges.