Replies

S.2271 : A bill to clarify that individuals who receive FISA orders can challenge nondisclosure requirements, that individuals who receive national security letters are not required to disclose the name of their attorney, that libraries are not wire or electronic communication service providers unless they provide specific services, and for other purposes.

The specifics include:

"Ability to challenge the gag order attached to a Section 215 order." The possibility only is available after one year and the FISA judge may only overturn the gag if the government does not certify and the judge finds that there is no reason to believe that the disclosure "may endanger the national security of the U.S., interfere with a criminal, counterterrorism, or counterintelligence investigation, interfere with diplomatic relations, or endanger the life of physical safety of any person." The certification of the government to these possibilities is to be taken as conclusive.
Removal of the requirement that a recipient of an NSL inform the FBI of the identity of an attorney to whom disclosure was made or will be made to obtain legal advice or legal assistance with respect to the order. The proposal still requires the recipient to, upon the request of the Director of the FBI, identify anyone else to whom a disclosure is made (or to whom the recipient is intending to disclose).
Language asserting that libraries, when functioning in their traditional roles - including providing Internet access, are not subject to NSLs. However, the language states that libraries are subject if the library "is providing the services defined under" Section 2510(15) of title 18, which says " "electronic communication service" means any service which provides to users thereof the ability to send or receive wire or electronic communications." The FBI has repeatedly asserted that all libraries that provide Internet access come under this definition. So, it is very unclear whether this section as now written provides any real protection to libraries.

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