◆ SpookStack

(0) iO} SECRET Ta: Crom: Office of the General Counsel Re: 278-HO-C1229736-VI0, 12/13/2006 nature” mist be made by OGC. Therefore, such administrative violations must be reported as potential TOR matters. NSLs are a specific type of investigative tool that aliows tHe FBI to obtain certain limited types of information without court intervention: (1) telephone and email communication records from telephone companies and internet service providers (Electronic Communications Privacy Act, 18 U.S.C. § 2709); (2) records of financial institutions (which is very broadly defined) (Right te Financial Privacy Act, 12 U.S.€.§ 3414 (a) (5) (A)}+- (3) a list of financial institutions and consumer identifying anformation from a credit reporting company {Fair Credit Reporting Act, 15 U.S.C.$§ 168lu{a) and (b)); and (4} full credit report in an international terrorism case (Fair Credit Reporting Act, 15 U.S.C. § 1681v). NSLS may be issued in conformity with statutory requirements, including 18 U.S.C. § 2709. NSIG, section V.12. a4) Here, during an authorized investigation, the FBI properly served an NSL on an electronic communications service provider. In response to the properly served NSL, the FBI obtained informati d the scope of the NSL (email content information). a identified the problem, and properly sequestered the email content information. There were no reports written or leads set as a result of the email content . information. (U} Based upon these facts, in accordance with the terms implementing the reporting requirements of Section 2.4 of EO 12863, it is our opinion that this error is not reportable to the IOB. A record of this decision should be maintained in the control file for future review by the Counsel to the IOB. {0} should contact the carrier and ask whether the improperly Of unintentionally acquired information should be or destroyed with appropriate documentation to the file. should not view any content information but should ques the carrier to provide only that information authorized by law. SECRET ted