Allows FBI to request (from FISA court judges) access to certain business records, including Common carriers (airlines, bus companies, and others in the business of passenger transportation) Businesses that provided public accommodations (hotels, models, etc.) Storage locker facilities Vehicle rental agencies

FBI must want business records either (1) in order to gather foreign intelligence information, i.e., information that is related to (and if the information concerned an American was essential to) U.S. ability to protect against attacks or other hostile acts of a foreign power its agents, sabotage or international terrorism committed by a foreign power its agents, or clandestine intelligence activities by a foreign power, its intelligence services, or agents; or related to (and if the information concerned an American was essential to) U.S. national defense or security; or the conduct of U.S. foreign affairs;

Or (2) in order to conduct an investigation of international terrorism, i.e., of: dangerous or violent crimes apparently intended to coerce a civilian population; influence government policy by coercion; or affect government conduct by kidnapping or assassination; and that are committed overseas or are international in nature or effect upon a specification of a reason to believe that the records sought were those of a foreign power or one of its agents. Those to whom the order was directed were required to comply and were forbidden to disclose the existence or specifics of the order

FISA judge may grant an FBI request for an order granting access to any relevant tangible item (including books, records, records, papers, documents, and other items); - either (1) in order to gather foreign intelligence information that does not concern an American, i.e., information related to the U.S. ability to protect against attacks or other hostile acts of a foreign power or its agents, sabotage or international terrorism committed by a foreign power or its agents; or clandestine intelligence activities by a foreign power, its intelligence services, or agents; or related to U.S. national defense or security; or the conduct of U.S. foreign affairs;

- or (2) in order to conduct an investigation to protect against international terrorism, i.e.: dangerous or violent crimes apparently intended to coerce a civilian population, influence government policy by coercion, or affect government conduct by kidnapping or assassination; and that are committed overseas or are international in nature or effect; or in order to conduct an investigation to protect against clandestine intelligence activities; - as long as any investigation of an American is not based solely on the American's exercise of his or her 1st Amendment rights; and - those to whom the order is directed are required to comply and are forbidden to disclose the existence or specifics of the order

Allows the FBI to obtain, without judicial oversight, certain types of information in terrorism and espionage investigations Prior to 9/11, there were four statutory provisions authorizing use of NSLs USA PATRIOT Act expanded four existing statutes, and added a fifth

The five sources of the FBI's NSL power are: 1. The Right to Financial Privacy Act (RFPA), 12 U.S.C. § The FBI can obtain financial records if the information is sought for foreign counterintelligence purposes, as long as the investigation is not based on conduct protected by the First Amendment. This law covers large casinos, insurance companies, automobile dealerships, credit unions, real estate companies, and travel agencies. 2. The Electronic Communications Privacy Act (ECPA), 18 U.S.C. § Authorizes the FBI to obtain telephone and information by issuing a NSL, including historical information on telephone calls made and received from a specified number, billing records associated with a number, s, screen names, and billing records for electronic communication services.

3. The Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681u. Allows the FBI to obtain a consumer's credit history including the names and addresses of all financial institutions at which the consumer maintains or has maintained an account. May include identifying information, limited to name, address, former addresses, current / past employers. 4. Patriot Act amendment to the Fair Credit Reporting Act, 15 U.S.C. § 1681v. NEW Allows the FBI (and any government agency authorized to conduct international terrorism investigations) to obtain a consumer's full credit report and "all other" information in a consumer's file for international terrorism investigations. 5. The National Security Act, 50 U.S.C. § 436. NSLs can be issued in investigations of improper disclosure of classified information by government employees. Can include financial records and information, including consumer reports.

Standard of proof for NSLs has been lowered: Pre-USA PATRIOT Act: FBI must have"specific and articulable facts giving reason to believe that the customer or entity whose records are sought is a foreign power or an agent of a foreign power." Today: NSLs may be issued to request information that is "relevant to an authorized investigation to protect against international terrorism or clandestine intelligence activities," provided that the investigation of a U.S. person is not based on activities protected by the 1 st Amendment. The FBI may use NSLs to request information about persons who are not subjects of national security investigations, so long as the information requested is "relevant" to such an investigation. In addition to senior FBI headquarters officials, Special Agents in charge of the FBI's 56 field offices may now sign NSLs.

FBI's use of NSLs from 2003 to 2005 Total number of NSL requests from 2000 (prior to passage of the Patriot Act): about 8,500. Total number of NSL requests from (after passage of the Patriot Act): 143, : 39, : 56, : 47,221 Percentage of NSL requests generated from investigations of U.S. Persons: 2003: about 39% 2004: about 51% 2005: about 53% Type of investigation connected to NSL requests (2003 through 2005): Counterterrorism: 73.6% Counterintelligence: 26% Foreign Cyber Investigations: 0.4%