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National Security Letters — Part 1
Page 813
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How is this being corrected?
CAPRONI:
This is being corrected by we -- the deputy director ordered a full audit of every
counterintelligence file that has been opened since January 1, 2002. This authority went
into effect in the Patriot Act. So realistically we think the earliest one could have been
issued would have been 2002.
So they have to review every file since then in which a Fair Credit Reporting Act NSL
was issued and find out if they have any full credit reports. If they do, they need to
remove them from their files and report it as a potential IOB violation.
Those will, in turn, be reported on to the IOB.
GOODLATTE:
One last question: In at least one instance, a national security letter issued under the
Electronic Communications Privacy Act was determined by the inspector general to be
seeking content. How was this remedied?
GOODLATTE:
And what steps do you field agents take to delineate between content and transaction
information?
CAPRONI:
In that case, there was no need to remedy it because the Internet service provider
refused to provide us with any records. So we actually did not have an overcollection.
GOODLATTE:
And have you remedied the...
CAPRONI:
Yes.
GOODLATTE:
... request? [ mean, they shouldn't be asking for that. This was a big issue when we
wrote the Patriot Act...
CAPRONI:
Correct.
GOODLATTE:
.. and was subject of a great deal of discussion with the administration about making
sure that we had a clear line between what could be requested and what could not be
requested.
CAPRONI:
Reveal the original PDF page, then click a word to highlight the OCR text.
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