Download or read book National Security Letters in Foreign Intelligence Investigations written by Charles Doyle and published by . This book was released on 2006 with total page 27 pages. Available in PDF, EPUB and Kindle. Book excerpt: Five federal statutes authorize intelligence officials to request certain business record information in connection with national security investigations. The authority to issue these national security letters (NSLs) is comparable to the authority to issue administrative subpoenas. The USA PATRIOT Act expanded the authority to issue four of the NSL statutes and created the fifth. Thereafter, the authority has been reported to have been widely used. Prospects of its continued use dimmed, however, after two lower federal courts held the lack of judicial review and the absolute confidentiality requirements in one of the statutes rendered it constitutionally suspect. The USA PATRIOT Improvement and Reauthorization Act (H.R. 3199), P.L. 109-177, and its companion P.L. 109-178, amended the five NSL sections to expressly provide for judicial review of both the NSLs and the confidentiality requirements that attend them. The sections have also been made explicitly judicially enforceable and sanctions recognized for failure to comply with an NSL request or to breach NSL confidentiality requirements with the intent to obstruct justice. The use of the authority has been made subject to greater Congressional oversight. The text of the five provisions -- section 1114(a)(5) of the Right to Financial Privacy Act (12 U.S.C. 3414(a)(5)); sections 626 and 627 of the Fair Credit Reporting Act (15 U.S.C. 1681u, 1681v); section 2709 of title 18 of the United States Code; and section 802 of the National Security Act (50 U.S.C. 436) -- in their amended form have been appended.
Download or read book National Security Letters in Foreign Intelligence Investigations written by Charles Doyle and published by CreateSpace. This book was released on 2015-01-01 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: Five federal statutes authorize intelligence officials to request certain business record information in connection with national security investigations. The authority to issue these national security letters (NSLs) is comparable to the authority to issue administrative subpoenas. The USA PATRIOT Act expanded the authority under four of the NSL statutes and created the fifth. Thereafter, the authority has been reported to have been widely used. Prospects of its continued use dimmed, however, after two lower federal courts held that the lack of judicial review and the absolute confidentiality requirements in one of the statutes rendered it constitutionally suspect.
Download or read book National Security Letters in Foreign Intelligence Investigations Legal Background and Recent Amendments written by and published by . This book was released on 2009 with total page 37 pages. Available in PDF, EPUB and Kindle. Book excerpt: Five federal statutes authorize intelligence officials to request certain business record information in connection with national security investigations. The authority to issue these national security letters (NSLs) is comparable to the authority to issue administrative subpoenas. The USA PATRIOT Act expanded the authority under four of the NSL statutes and created the fifth. Thereafter, the authority has been reported to have been widely used. Prospects of its continued use dimmed, however, after two lower federal courts held the lack of judicial review and the absolute confidentiality requirements in one of the statutes rendered it constitutionally suspect. A report by the Department of Justice's Inspector General (IG) found that in its pre-amendment use of expanded USA PATRIOT Act authority the FBI had "used NSLs in violation of applicable NSL statutes, Attorney General Guidelines, and internal FBI policies," but that no criminal laws had been broken. A year later, a second IG report confirmed the findings of the first, and noted the corrective measures taken in response. The USA PATRIOT Improvement and Reauthorization Act (H.R. 3199), P.L. 109-177, and its companion P.L. 109-178, amended the five NSL sections to expressly provide for judicial review of both the NSLs and the confidentiality requirements that attend them. The sections have also been made explicitly judicially enforceable and sanctions recognized for failure to comply with an NSL request or to breach NSL confidentiality requirements with the intent to obstruct justice. The use of the authority has been made subject to greater congressional oversight. Following amendment, an appellate court dismissed one of the earlier cases as moot and remanded the second for reconsideration in light of the amendments. On remand, the lower court found the amended procedure contrary to the demands of the First Amendment.
Download or read book National Security Letters in Foreign Intelligence Investigations written by and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Five statutory provisions vest government agencies responsible for certain foreign intelligence investigations (principally the Federal Bureau of Investigation [FBI]) with authority to issue written commands comparable to administrative subpoenas. These National Security Letters (NSLs) seek customer and consumer transaction information in national security investigations from communications providers, financial institutions, and credit agencies. Section 505 of the USA PATRIOT Act expanded the circumstances under which an NSL could be used. Subsequent press accounts suggested that their use had become widespread. Two lower federal courts, however, found the uncertainties, practices, and policies associated with the use of NSL authority contrary to the First Amendment right of freedom of speech, and thus brought into question the extent to which NSL authority could be used in the future. The USA PATRIOT Improvement and Reauthorization Act, P.L. 109-177, 120 Stat. 192 (2006) (H.R. 3199), and P.L. 109178, 120 Stat. 278 (2006) (S. 2271), amend the NSL statutes and related law to address some of the concerns raised by critics and the courts. This is an abridged version of CRS Report RL33320, National Security Letters in Foreign Intelligence Investigations: Legal Background and Recent Amendments, without the footnotes, appendices, and most of the citations to authority found in the longer report.
Download or read book National Security Letters Proposals in the 112th Congress written by Charles Doyle and published by DIANE Publishing. This book was released on 2011 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book National Security Letters written by Congressional Research Congressional Research Service and published by CreateSpace. This book was released on 2015-01-22 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt: A National Security Letter (NSL) is roughly comparable to an administrative subpoena. Various intelligence agencies use NSLs to demand certain customer information from communications providers, financial institutions, and consumer credit reporting agencies under the Right to Financial Privacy Act, the Fair Credit Reporting Act, the National Security Act, and the Electronic Communications Privacy Act. Congress weighed several NSL amendments during the 113th Congress. The House passed one, H.R. 3361. The Senate failed to provide the three-fifths vote necessary for cloture on another, S. 2685. Yet in the end, the 113th Congress adjourned without enacting any of the proposed NSL amendments. The bills in the 113th Congress that would have amended the NSL statutes proposed adjustments in four areas: (1) the grounds for issuing an NSL; (2) confidentiality requirements and judicial review; (3) reports and audits; and (4) sunset and repeal. S. 1551 (Wyden), H.R. 3361 (House-passed), S. 1599 (Leahy), and S. 2685 (Leahy) would have defined more precisely the circumstances under which an NSL might be issued. Initially, the U.S. Court of Appeals for the Second Circuit and later the District Court for the Northern District of California concluded that the statutory secrecy and judicial review provisions relating to NSLs, read to their fullest, are inconsistent with the proscriptions of the First Amendment right to free speech and the principles of separation of powers. S. 1215 (Leahy), H.R. 3361 (House-passed), S. 1599 (Leahy), and S. 2685 (Leahy) would have amended the provisions in question roughly along lines suggested by the Second Circuit. In the past, Congress has counterbalanced expanded NSL authority with increased oversight mechanisms. For example, it directed the Department of Justice's Inspector General to conduct an audit of NSL authority from 2001 to 2006, and instructed the Attorney General to report to Congress annually on the extent of NSL use. Several proposals in the 113th Congress would have supplemented the existing mechanisms. S. 1215, S. 1551, and S. 1599 would have called for greater detail in the Attorney General's annual reports. H.R. 3035 (Lofgren), S. 1551, and H.R. 3361 and S. 1599 would have authorized recipients to issue public reports on the NSLs they receive. As an additional oversight tool, S. 1215 and S. 1599 would have returned all but two of the NSL statutes to their pre-USA PATRIOT Act form, effective June 1, 2015. The exceptions would have been the National Security Act NSL statute, which evokes few privacy concerns, and the sweeping, USA PATRIOT Act-born, Fair Credit Reporting Act NSL statute, which the bills would have repealed. This report reprints the text of the five NSL statutes as they now appear and as they appeared prior to amendment by the USA PATRIOT Act (to which form they would have been returned under S. 1125 and H.R. 1805). Related reports include CRS Report R40138, Amendments to the Foreign Intelligence Surveillance Act (FISA) Extended Until June 1, 2015, by Edward C. Liu, and CRS Report RL33320, National Security Letters in Foreign Intelligence Investigations: Legal Background, by Charles Doyle.
Download or read book National Security Letters written by Charles Doyle and published by DIANE Publishing. This book was released on 2010-11 with total page 37 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contents: (1) Intro.; (2) Background: USA PATRIOT Act; 2006 Amend.; IG Reports: The First IG Report; Exigent Letters; The Second IG Report; Secrecy, Judicial Review and the Second Circuit; Judicial Review of NSLs; Proposed Amend.: Sunset and Repeal; Non-disclosure; Judicial Review of NSL Itself; Issuance and Content; Minimization Requirements; Emergency Practices; Reports and Audits; Text of NSL Statutes on October 25, 2001 and Now: 12 U.S.C. 3414(a)(5) (on Oct. 25, 2001); 12 U.S.C. 3414(a)(5); 15 U.S.C. 1681u(a), (b)(on Oct. 25, 2001); 15 U.S.C. 1681u(a), (b); 18 U.S.C. 2709 (as of Oct. 25, 2001); 18 U.S.C. 2709; 15 U.S.C. 1681v (as of Oct. 25, 2001); 15 U.S.C. 1681v; 50 U.S.C. 436 (as of Oct. 25, 2001); 50 U.S.C. 436. Illustrations.
Download or read book Administrative Subpoenas and National Security Letters in Criminal and Foreign Intelligence Investigations written by Charles Doyle and published by . This book was released on 2005 with total page 6 pages. Available in PDF, EPUB and Kindle. Book excerpt: Administrative subpoena authority, including closely related national security letter authority, is the power vested in various administrative agencies to compel testimony or the production of documents or both in aid of the agencies; performance of their duties. Both the President and members of Congress have called for statutory adjustments relating to the use of administrative subpoenas and national security letters in criminal and foreign intelligence investigations. One lower federal court has found the sweeping gag orders and lack of judicial review that mark one of the national security letter practices constitutionally defective.
Download or read book Administrative Subpoenas and National Security Letters in Criminal and Foreign Intelligence Investigations written by Charles Doyle and published by Silverwood Institute. This book was released on 2012-10-18 with total page 46 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Implementation of the USA Patriot Act written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime, Terrorism, and Homeland Security and published by . This book was released on 2005 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Administrative Subpoenas and National Security Letters in Criminal and Foreign Intelligence Investigations written by Charles Doyle and published by . This book was released on 2005 with total page 43 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Administrative subpoena authority, including closely related national security letter authority, is the power vested in various administrative agencies to compel testimony or the production of documents or both in aid of the agencies' performance of their duties. Administrative subpoenas are not a traditional tool of criminal law investigation, but neither are they unknown. Several statutes at least arguably authorize the use of administrative subpoenas primarily or exclusively for use in a criminal investigation in cases involving health care fraud, child abuse, Secret Service protection, controlled substance cases, and Inspector General investigations. In addition, five statutory provisions vest government officials responsible for certain foreign intelligence investigations with authority comparable to administrative subpoena access to various types of records"--Summary, page [ii]
Download or read book Implementation of the USA PATRIOT ACT written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime, Terrorism, and Homeland Security and published by . This book was released on 2005 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Administrative Subpoenas and National Security Letters in Criminal and Intelligence Investigations written by Charles Doyle and published by . This book was released on 2005 with total page 6 pages. Available in PDF, EPUB and Kindle. Book excerpt: Administrative subpoena authority, including closely related national security letter authority, is the power vested in various administrative agencies to compel testimony or the production of documents or both in aid of the agencies' performance of their duties. Both the President and Members of Congress have called for statutory adjustments relating to the use of administrative subpoenas and national security letters in criminal and foreign intelligence investigations. One lower federal court has found the sweeping gag orders and lack of judicial review that mark one of the national security letter practices constitutionally defective.
Download or read book The NSA Report written by President's Review Group on Intelligence and Communications Technologies, The and published by Princeton University Press. This book was released on 2014-03-31 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: The official report that has shaped the international debate about NSA surveillance "We cannot discount the risk, in light of the lessons of our own history, that at some point in the future, high-level government officials will decide that this massive database of extraordinarily sensitive private information is there for the plucking. Americans must never make the mistake of wholly 'trusting' our public officials."—The NSA Report This is the official report that is helping shape the international debate about the unprecedented surveillance activities of the National Security Agency. Commissioned by President Obama following disclosures by former NSA contractor Edward J. Snowden, and written by a preeminent group of intelligence and legal experts, the report examines the extent of NSA programs and calls for dozens of urgent and practical reforms. The result is a blueprint showing how the government can reaffirm its commitment to privacy and civil liberties—without compromising national security.
Download or read book Administrative Subpoenas and National Security Letters in Criminal and Foreign Intelligence Investigations written by and published by . This book was released on 2005 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Administrative subpoena authority, including closely related national security letter authority, is the power vested in various administrative agencies to compel testimony or the production of documents or both in aid of the agencies' performance of their duties. Administrative subpoenas are not a traditional tool of criminal law investigation, but neither are they unknown. Several statutes at least arguably authorize the use of administrative subpoenas primarily or exclusively for use in a criminal investigation in cases involving health care fraud, child abuse, Secret Service protection, controlled substance cases, and Inspector General investigations. In addition, five statutory provisions vest government officials responsible for certain foreign intelligence investigations with authority comparable to administrative subpoena access to various types of records. As a constitutional matter, the Fourth Amendment only demands that administrative subpoenas be reasonable, a standard that requires that 1) they satisfy the terms of the authorizing statute, 2) the documents requested are relevant to the investigation, 3) the information sought is not already in the government's possession, and 4) enforcing the subpoena will not constitute an abuse of the court's process. One lower federal court has recently held, however, that practices under one of the national security letter statutes violate the Fourth and First Amendment. Several bills address the dual issues raised in the case: (a) judicial review and enforcement, and (b) nondisclosure. S. 693 amends 18 U.S.C. 2709 to (1) permit a recipient to disclose the matter to his attorney or those whose assistance is necessary in order to comply with the request, (2) authorize federal courts to enforce a national security letter, or to modify or set aside such a request or a related nondisclosure order; and (3) allow disclosure in such judicial proceedings consistent with the requirements of the Classified Information Procedures Act (CIPA). S. 737 features similar amendments but applies them to several of the national security letter statutes and imposes a 90 day limit on the nondisclosure requirements, subject to court authorized 180 day extensions based on exigent circumstances. The companion proposals contained in S. 317 and H.R. 1526 are at once more restricted and more sweeping than those in either S. 693 or S. 737. S. 317 amends 18 U.S.C. 2709 to create a "specific and articulable facts" standard when the request relates to library or bookseller records; H.R. 1526 amends 18 U.S.C. 2709 to exempt library records from the reach of the section altogether. Both bills add section 505 of the USA PATRIOT Act to the list of sections that sunset on December 31, 2005. Section 505 amended the national security letter provisions of 18 U.S.C. 2709 and 15 U.S.C. 1681u to permit issuance by the heads of FBI field offices and to replace the "specific and articulable facts" standard. It also amended the Right to Financial Privacy Act to permit the heads of FBI field offices to issue national security letters under the provisions of that act. Those amendments would expire under H.R. 1526 (Otter) and S. 317 (Feingold). Although more extensive proposals were offered in the 108th Congress, the only law enforcement related administrative subpoena proposal in the 109th Congress appears in S. 600 relating to the Secretary of State's responsibilities to protect U.S. foreign missions and foreign dignitaries visiting this country.
Download or read book Intelligence Community Legal Reference Book written by and published by . This book was released on 2012 with total page 944 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book National Security Letters written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 2008 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt:
