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National Security Letters — Part 1
Page 814
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The statute defining electronic communication transactions records actually doesn't
define the term. And there had traditionally been the debate that says, "So we'll leave it
up to the ISP to decide what is content and what ts not."
We think that's a trap for the unwary, it's bad for our agents, and that we do betier with
bright lines.
And so OGC -- we're in the process of making sure that we have a list that makes
sense, what ts content and what isn't.
In the abstract, that seems like a very clear line. In practice, il is not. There are some
difficult issues because some of the answers revolve around how the ISP keeps their
records.
So we're working on it. My antictpation is that within the next week or two we will
have out to the field, "These records you can seek; these records you cannot seek," and it
will be a very bright line.
GOODLATTE:
Thank you, Mr, Chairman.
CONYERS:
The gentleman from Georgia, Mr. Hank Johnson?
JOHNSON:
Thank you, Mr. Chairman.
In these reports that I have read, it indicates that there were three phone companies that
the FBI, particularly the FBI Communications Analysis Unit, the CAU, contracted with
three telephone companies between May 2003 and March of 2004.
JOHNSON:
Who were those telephone companies?
CAPRONI:
The telephone companies were AT&T, Verizon and MCI, which has now been
acquired by Verizon.
JOHNSON:
Now, are those contracts still in force at this time?
CAPRONI:
Yes, they are.
JOHNSON:
And are there any other phone companies that are contracted with the FBI through the
Communications Analysis Unit or any other unit of the FBI?
CAPRONI:
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