Why has the expanded use of National Security Letters raised privacy concerns
Why has the expanded use of National Security Letters raised privacy concerns?
An administrative subpoena known as a national security letter (NSL) is one that the US government uses to acquire data for national security concerns. NSLs do not need a judge's previous consent. The United States government is permitted to obtain such information that is "relevant" to approved national security investigations under the Stored Communications Act, Fair Credit Reporting Act, and Right to Financial Privacy Act. According to the legislation, NSLs are only permitted to ask for non-content information, such as transactional data and phone numbers phoned, but never for the content of calls or emails.
NSLs frequently include a nondisclosure clause prohibiting the recipient from revealing that the FBI had requested the information. If the FBI Director certifies "that otherwise there may result a danger to the national security of the United States; interference with a criminal, counterterrorism, or counterintelligence investigation; interference with diplomatic relations; or danger to the life or physical safety of any person," then the nondisclosure provision must be approved. Furthermore, the nondisclosure clause may still be contested in federal court by the NSL recipient.
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