National Security Letters Reform Act of 2007 (Introduced in House)

Last week Congressperson Nadler introduced the National Security Letters Reform Act of 2007 (HR 3189).

National Security Letters are various provions of law providing that certain entities, such as phone companies and financial institutions, shall comply with requests for information from executive branch officials. For example, one such provision (18 USCA 2709)provides that phone companies and electronic communication service providers will comply with requests from the FBI for the name, address, length of service and billing records of any person if the FBI certifies that such records are relevant to an authorized investigation to protect against international terrorism or clandestine intelligence activities. A person receiving such a request may not disclose it. Twice a year, the FBI needs to inform the Congressional Intelligence Committees of requests made under this provision.

A similar provision (12 USCA 3414(a)(5))provides that financial institutions will comply with requests for financial records from the FBI.

The bill appears to:

(1) require a specific factual basis that the information or records sought by that letter pertain to a foreign power or agent of a foreign power;

(2) permit consultation by the recipient of a letter with legal counsel;

(3) generally permit disclosure of a national security letter after 30 days, but permits the FBI to obtain a court order that the period of non-disclosure will be extended for up to 180 days, if there is a specific danger arising from non-disclosure. Multiple extensions may be obtained;

(4) permits the recipient of a non-disclosure letter to file for judicial review; and

(5) requires notification when information obtained from a national security letter is being used in a proceeding.

The bill also permits the subject of a national security letter to sue the person issuing the letter for actual damages or up to $50,000, if contrary to law or without factual foundation. Five years after the date of the bill, the authority to issue these letters reverts to that existing before the PATRIOT Act. There are also provisions for the destruction of wrongful or outdated information.

This bill seems pretty reasonable. While I doubt the FBI will have that much interest in my records, if they did, I would want to be notified about it. The bill's provisions appear to strike a reasonable compromise between the FBI's legitimate needs to investigate and preventing the FBI from abusing its powers, by providing opportunities for judicial review.