◆ SpookStack

Analysis Section 1. Counterintelligence and counterterrorism access to electronic conununications service and remote communications service records This proposed revision clarifies the scope of the Electronic Communications Privacy Act's national security letter provision, 18 U.S.C. § 2709, by specifically listing the types of records and information that the FBI may obtain pursuant to an ECPA national security letter (NSL). The list of items contained in this proposal parallels that in 18 U.S.C. § 2703(¢\2) - which identifies the records and information that may be obtained by administrative or grand jury subpoenas — with one exception. In addition to the records and information that may be obtained under section 2703(c)(2), the proposed revision would permit the FBI to obtain “records identifying the origin, routing or destination of electronic communications” using an ECPA NSL. This change would not expand the categories of records and information that may be obtained by an ECPA NSL, but rather would clarify what records or information are obtainable — a change that was suggested by the Department of Justice's Inspector General in his recent report on the use of NSLs by the FBL The proposed revision also clarifies the types of providers covered by the ECPA NSL statute by using the language of § 2703(c)(1) to indicate that providers of electronic communication services (which, under the definition contained in § 2510(15), also includes providers of wire communications services) and remote computing services are covered by this provision. Section 2. Technical and Conforming Changes The proposed revision changes the table of sections for chapter 121 of title 18 of the United States Code to account for the new title of section 2709.