National Security Letter

A National Security Letter ( NSL; German national security letter ) is a form of punitive legal arrangement according to U.S. law. It is used in investigations relating to national security, U.S. government agencies, especially the FBI.

Content

With a National Security Letter telecommunications providers, as well as banks and finance companies may be required to disclose data on their customers. In general, a National Security Letter contains a confidentiality arrangement, which prohibits the recipient to talk about the content or even the receipt of a National Security Letter.

The scope of NSLs is limited to already existing data, a company can not therefore be required to collect only data about customers, and it may only metadata is required, in particular inventory data, but not communications content. National Security Letters are issued directly by the legitimate authority, they are not subject to judge reserved. In this they differ from the general subpoena, which must be signed by a judge no substantive restriction but subject.

The recipient of a National Security Letters, the competent United States District Court, call to verify the validity of the claim or limit the scope of the arrangement.

History

Forerunner of the National Security Letters were in principle already introduced in 1986: After the Right to Financial Privacy Act and the Electronic Communications Privacy Act, the FBI in investigations could demand against foreign agents without judicial approval, that data is to be given out and kept secret the fact of the request will. 1996 its scope was extended to include investigation into the unauthorized disclosure of official secrets and to credit reporting agencies. NSLs came but only after a massive content expansion by the USA PATRIOT Act 2001 to the relevant application. Since then National Security Letter can be used in cases of international terrorism and espionage against American citizens and foreigners on American soil in all investigations of national security, also no longer allowed to only the headquarters of the FBI NSL exhibit, but also the individual branch offices. And also other U.S. agencies with responsibilities in the fight against terrorism can National Security Letters issue since then, but these are limited to financial data. 2006, the permissions have been extended once again, on the other hand, the possibilities offered to judicial review were clarified.

The FBI annually tens of thousands of National Security Letter from alone from 2003 to 2006 were just delivered under 200,000 NSL. The total number of NSL since 2000 until the beginning of 2013 was estimated by the Electronic Frontier Foundation to 300,000, of which only four or five were subject to judicial review. As far as known, by mid-2013, only three complaints against a NSL had success: Brewster Kahle of the Internet Archive, the Internet service provider Calyx Internet Access and four librarians in Connecticut. In these cases, the FBI has withdrawn the arrangement in each case due to the action and the court stated that the information was unnecessary. The plaintiffs in these proceedings also won the right on the preserved National Security Letter to speak. Since then, details of the procedure have become publicly known.

In April 2013, a federal court practice of the National Security Letter and its legal basis at the request of Google Inc. declared unconstitutional incompatible with the 1st Amendment to the Constitution of the United States and the separation of powers and thus for. The judge criticized the fact that the authorities had failed to demonstrate that it is already necessary to keep secret the service of a NSL in a specific case. The control functions of the separation of powers was violated because courts have only limited possibilities to check the secrecy. It undertook the FBI, National Security Letters issued no further more, this arrangement continued but for an initial period of 90 days to allow calling. Was appealed and the arrangement set up to decision on appeal except force. This is still pending (as of October 2013).

In a separate case, Google was subject to the request to be allowed to publish the service of a NSL. Actually the applicant in these proceedings should be kept secret, Google's role, however, was known by an insufficient density in the decision. The Electronic Frontier Foundation welcomes the fact that Google is a large telecommunications company leaves the National Security Letter judicial review. Large companies are to be in the best position on these arrangements. According to information Google receives each year since 2009 NSLs that affect more than 1000 and less than 3000 users.

The end of 2013, appointed by U.S. President The President's Review Group on Intelligence and Communications Technologies in their study that NSL were contrary to the system because they have the same data relate to after the extension of its scope, for their surrender pursuant to other statutory authorizations judicial authorization declared would be required. The inquiry commission therefore suggested that NSL should also be subject to the judge reserved. The courts should examine each case whether the legal requirements are met and the respective NSL only affects data in the data necessary for calculating circumference.