National Security Letters NSL

National security letters grew out of laws passed in the late 1970s and 1980s, including the Right to Financial Privacy Act and the Electronic Communications Privacy Act of 1986, which let the FBI demand certain records for counterintelligence without going to a court. They cover subscriber and billing records from phone and internet companies, bank and financial records, and consumer credit information, but not the content of communications. The USA PATRIOT Act of 2001 lowered the standard to records relevant to an authorized national security investigation and allowed the heads of FBI field offices to sign them.

Use rose sharply after 2001, to tens of thousands of requests a year. A 2007 Justice Department inspector general report found widespread misuse, including improper emergency requests and letters issued without proper approval. Most letters bar the recipient from telling anyone, and courts found that the original gag rules violated the First Amendment because recipients could not effectively challenge them, leading Congress to provide for judicial review. The USA FREEDOM Act of 2015 banned bulk collection through the letters, required periodic review of gag orders, and let companies publicly report the number of letters they receive in ranges.

The FBI says the letters are an essential early step in counterterrorism and counterintelligence cases, letting agents rule leads in or out quickly without the time a court order requires. Privacy advocates and some lawmakers say that demands made without a judge, combined with secrecy orders, invite overuse, and the government's annual transparency reports show thousands still issued each year. Proposals to require court approval or to narrow the gag orders have not passed.