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National Security Letters — Part 1
Page 735
735 / 1188
s1aQ
b2
To: Inspection From:
b7'E
RE: {U}
278-HQ~Cl229736VIO, O2/25/2005
b6
b7C to
determine if this matter should be
reported as
IOB violation.
On 2/24/2005
she responded
that it
should
be
reported.
w: believes
the following
should
be
considered
by
t
e Inspection
Division and
the General
Counsel
in determining
if this
matter should
be
reported
to
the
IOB.
First
the
NSL specifically
stated
that
e-mail
content
information was
not
reguested.
Any violation
of Title
18,
U.S. Code
Section 2711
was committed
by
the
internet service
provider, not
by
the
FBI.
The statute
does not
specifically
b7 prohibit
the FBI from viewing efmail content
information
b§E provided
pursuant to
a NSL and it
does not
specifically
prohibit the
use of
such information
by
the
FBI. The
statute
prohibits the
FBI from
requesting the
content
information
and
prohibits the
provider from
releasing such
information.
Second, any
violation of
the "intent"
of the
Statute was
inadvertent. The
case agent
sought guidance
from
his
supervisor shortly
after viewing
the information
and the
supervisor immediately
contacted the
CDC. Guidance
was then
sought
from
OGC.
s1=:E4?'r92
3
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