Kim Zetter
Sometime earlier this year, a provider of communication services in the United States – perhaps a phone company, perhaps Twitter – got a letter from the FBI demanding it turn over information on one, or possibly even hundreds, of its customers. The letter instructed the company to never disclose the existence of the demand to anyone – in particular, the target of the investigation.
This sort of letter is not uncommon post-9/11 and with the passage of the U.S. Patriot Act, which gave the FBI increased authority to issue so-called National Security Letters (NSLs). In 2010, the FBI sent more than 24,000 NSLs to ISPs and other companies, seeking information on more than 14,000 individuals in the U.S.
The public heard about none of these letters.
But this time, the company that received the request pushed back. It told the agency that it wanted to tell its customer that he or she was being targeted, which would give the customer a chance to fight the request in court, as a group of Twitter users did last year when the Justice Department sought their records under a different kind of request. The minor defiance in this latest case was enough to land the NSL request in a federal court docket last Friday, where the government filed a request for a court order to force the company to adhere to the gag order.
In its petition, the government asserted that disclosure of the fact or contents of its NSL “may endanger the national security of the United States” and urged the court to issue an order binding the company to the nondisclosure provision, or be in violation of federal law and face contempt charges.
Although documents in the case are redacted to hide the identity of the company and the target of the investigation, they shed a little light on how NSLs are working these days, after a few reforms.
National security letters are written demands from the FBI that compel internet service providers, credit companies, financial institutions and others to hand over confidential records about their customers, such as subscriber information, phone numbers and e-mail addresses, websites visited and more. NSLs have been used since the 1980s, but the Patriot Act expanded the kinds of records that could be obtained with them. They do not require court approval, and they come with a built-in gag order.
The public has become aware of only a handful of some 300,000 NSLs handed out over the last decade, and those became public only after the recipients launched legal battles opposing them. As a result of these battles, courts have chipped away at the gag order requirement as a violation of the First Amendment, and internal watchdogs have uncovered some abuses of the FBI’s NSL authority. But the letters are still one of the FBI’s most powerful tools; a tool that is rarely discussed inside or outside Congress these days.
According to documents filed in the U.S. District Court in Alexandria, Virginia, last Friday, the FBI appears to have served the unknown company with an NSL (.pdf) sometime around the end of January seeking information about a customer or customers.
Read the rest here.
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