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National Security Letters — Part 1
Page 855
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LC] {s sufficient identifying information provided so that the company can process the
request?
C1] If the NSL is for financial records, toll billing records, or ISP transactional records,
does the NSL include an attachment suggesting the type of information that the recipient
may consider to fall within the parameters of the request?
L] Does the NSL have the proper certification language which matches that statute —
must include fact that recerds sought are relevant to an authorized investigation of
international terrorism or counterintelligence (except 1681v NSL should only reference
international terrorism investigation).
Proper certification language by statute:
Certification language for 18 USC §2709- (telephone subscriber, toll record, e-mail subscriber,
transactional record):
In accordance with Title 18, US.C., Section 2709;b), I certify that the information sought is
relevant to an authorized investigation to protect against international terrorism or clandestine
intelligence activities, and 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.
Certification language for RFPA (12 USC §3414):
In accordance with Title 12, U.S.C. Section 3414(a)}(54D) [certify that these records are sought
Jor foreign counterintelligence investigation purposes to protect against intemational terrorism or
clandestine intelligence activities, and that such an investigation of a United States person is not
conducted solely on the basts of activites protected by the First imendment to the Constitution of
the United States.
In accordance with Title 12, U.S.C., Section 3403(b), I certify that the FBI has complied with all
applicable provisions of the Right to Financial Privacy Act.
Certification language for FCRA 15 USC §1681u {a) or (b)
In accordance with Title 15, US.C., Section 1681u [(a} or (b)}, I certify that such information is
sought for the conduct of an authorized investigation to protect against clandestine intelligence
activities, and that such av investigation of a United States person is not conducted solely on the
basis of activities protected by ihe First Amendment to the Constitution of the United States.
Certification language for FCRA 15 USC §1681(¥) (Full Credit Report- City CT Cases)
fn accordance with Title 15, U.S.C. § 168ly, I certify that the information sought is necessary to
conduct an authorized investigation of, or intelligence or counterintelligence activities or analysis
related fa, international terrorism,
C) Does the NSL have a nondisclosure provision? Is so, ensure the justification is in the
EC,
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