NSL-15-418616 : The FBI Seizes Your Data

This text was drawn, word-for-word, from National Security Letters recently disclosed by Google. Redacted and personal information was adapted for fictional purposes.


Dear dopamine.io,

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Pursuant to Title 18, United States Code (U.S.C.), Section 2709 (Section 201 of the Electronic Communications Privacy Act), to the extent that you provide an electronic communication service as defined in 18 U.S.C. § 2510(15), you are hereby directed to provide the Federal Bureau of Investigation (FBI) the name, address, length of service, and electronic communications transactional records for all services, as well as all accounts, provided to the individual(s) or identifier(s) listed below:

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Names: Veronica Gonzalez, Hassan El-Mohtar, Damien Washington, Sarah Leibowitz
Accounts: veronica.gonazalez@gmail.com, redstar_19@riseup.net, damien.wash@gmail.com, sarah@peacewithoutwar.org
For Following Date(s): 2011-12-01 1:00 AM EST to Present

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If the time period noted above is from "inception", that term is intended to apply to the current account holder only. If the time period noted above is to the "present," that term is intended to direct production of information to the date of the processing of this letter. If providing information to the date of processing is not feasible, please provide information to the date of receipt of this letter.

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While fulfilling your obligations under this letter, please do not disable, suspend, lock, cancel or interrupt service to the above-described subscribers(s) or accounts. A service interruption or degradation may alert the subscriber(s) /account user(s) that investigative action is being taken. If you are not able to fulfill your obligations under this letter without alerting the subscriber/account user, please contact the FBI prior to proceeding.

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In accordance with Title 18 U.S.C., § 2709(b), I certify that the information sought is relevant to an authorized investigation to protect against international terrorism or clandestine intelligence activities, and that such an investigation of a United States person is not conducted solely on the basis of activities protected by the First Amendment to the Constitution of the United States.

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In accordance with Title 18 U.S.C. § 2709(c)(1), I certify that a disclosure of the fact that the FBI has sought or obtained access to the information sought by this letter may endanger the national security of the United States, interfere with a criminal, counterterrorism, or counterintelligence investigation, interfere with diplomatic relations, or endanger the life or physical safety of a person. Accordingly, Title 18 U.S.C. § 2709(c)(1) and (2) prohibits you, or any officer, employee, or agent of yours, from disclosing this letter, other than to those to whom disclosure is necessary to comply with the letter or to an attorney to obtain legal advice or legal assistance with respect to this letter.

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In accordance with Title 18 U.S.C. § 2709(c)(3), you are directed to notify any persons to whom you have disclosed this letter that they are also subject to the nondisclosure requirement and are therefore also prohibited from disclosing the ltter to anyone else.

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In accordance with Title 18 U.S.C. § 2709(c)(4), if the FBI asks for the information, you should identify any person to whom such disclosure has been made or to whom such disclosure will be made. In no instance will you be required to identify any attorney to whom disclosure was made or will be made in order to obtain legal advice or legal assistance with respect to this letter.

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In accordance with 18 U.S.C. § 3511(c)(a) and (b)(1), you have a right to challenge this letter if compliance would be unreasonable, oppressive, or otherwise unlawful.

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You also have the right to challenge the nondisclosure requirement set forth above. If you wish to make a disclosure that is prohibited by the nondisclosure requirement, you must notify the FBI, in writing, of your desire to do so within 10 calendar days of receipt of this letter. That notice must be mailed or faxed to the San Diego Division, attention: John Kerrington (phone number: 555-555-5555), with a copy to FBI HQ, attention: General Counsel (fax number: 555-555-5555) and must reference the date of the NSL and the identification number found on the upper left corner of the NSL. If you end notice within 10 calendar days, the FBI will initiate judicial proceedings in approximately 30 days in order to demonstrate to a federal judge the need for nondisclosure and to obtain a judicial order requiring continued non disclosure. The nondisclosure requirement will remain in effect unless and until there is a final court order holding that disclosure is permitted.

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If you do not send notice of your desire to disclose the NSL or the fact that you produced records in response to it within 10 calendar days of receipt, then the nondisclosure provision will remain in effect, subject to your opportunity to make an annual challenge to the nondisclosure requirement as provided by subsection 3511(b).

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In accordance with Title 18 U.S.C. § 3511(c), an unlawful failure to comply with this letter, including any nondisclosure requirement, may result in the United States bringing an enforcement action.

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You are directed to provide records responsive to this letter personally to a representative of the San Francisco Division within 5 business days of receipt of this letter. If possible, please provide records in response to this letter in electronic format. Due to security considerations, you should neither send the records through routine mail service nor non-secure fax, nor disclose the substance of this letter in any telephone conversation. In responding to this request in order to facilitate processing of the information, please reference the NSL-10-272979.

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Any questions you have regarding this letter should be directed to the San Francisco Division.

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Your cooperation in this matter is greatly appreciated.

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Sincerely,
John Kerrington
Special Agent in Charge
San Diego