◆ SpookStack

ALL INFORMATION CONTAINED HEPEIN IS UNCLASSIFIED DATE 06-13-2007 BY 65179 DMH/KSR/J0 ECPA NSL Definitions Proposal Section 1. Counterintelligence and counterterrorism access to electronic conununication service and remote computing service records. Section 2709 of Title 18 is amended— (a) by striking the title and mserting “‘Counterintelligence and counterterrorism access to electronic communication service and remote computing service records”; (dD) in subsection (a) by striking “A wire or electronic communication service provider” and inserting “A provider of electronic communication service or remote computing service” before “shall comply with a request for’; (<) in subsection (a) by striking “subscriber information and toll billing records information, or electronic communication transactional records in its custody or possession” and inserting “records in its possession, custody, or control” betore “made by the Director of the Federal Bureau of Investigation”; (d) striking subsection (b) and inserting the following: “(b) Required certification.--The Director of the Federal Bureau of Investigation, or his designee in a position not flower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge in a Bureau field office designated by the Director, may request the records described below if the Director (or his designee) certifies in writing to the provider of electronic communication service or remote computing service to which the request is made that the records pertaining to the subscriber to or customer of such service are relevant to an authorized investigation to protect against intemmational terrorism or clandestine intelligence activities, provided that such an investigation of a United States person is not conducted solely on the basis of activities protected by the first amendment to the Constitution of the United States: (1) name; (2) address; (3) local and long distance telephone connection records, or records of session times and durations; (4) length of service (including star date) and types of service utilized; (5) telephone or instrument number or other subscriber number or identity, including any temporarily assigned network address;