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Under ECPA, Congress gives the FBI authority to issue NSLs to telephone companies and other communications providers to obtain customer information including name, address, length of service and billing records. The NSL can be issued without judicial oversight in relation to a foreign intelligence investigation when a high-ranking FBI official certifies that “there are specific and articulable facts giving reason to believe that the person or entity to whom the information sought pertains is a foreign power or an agent of a foreign power.” The ECPA NSL statute has a gag order provision, 18 U.S.C. § 2709(c), and a limitation on dissemination, but no enforcement mechanism or penalty for failure to comply. See 18 U.S.C. § 2709 (1988 ed), P.L 99-508, 100 Stat. 1848, 1867 (1986)

Timeline Category: 
Timeline Date: 
Tuesday, October 21, 1986 (All day)