UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

Transcription

1 ,'" \ AARON S. DYER #999 aaron.dyer@plsburylaw.com LAUREN M. LEAHY #065 lauren.leahy@pllsburylaw.com PLLSBURY WNTHROP SHAW PTTMAN LLP.. 7 South Fgueroa Street, Sute 00 Los Angeles, CA Telephone: ( Facsmle: ( \ CNDY A. COHN (State Bar No cndy@eff.org LEE TEN (State Bar No. 46 ten@eff.org MATHEW ZMMERMAN (State Bar No. 3 mattz@eff.org MARCA HOFMANN (State Bar No. 007 marca@eff.org ELECTRONC FRONTER FOUNDATON 454 Shotwell Street San Francsco, CA 940 Telephone: ( x0 Facsmle: ( UNTED STATES DSTRCT COURT NORTHERN DSTRCT OF CALFORNA SAN FRANCSCO DVSON N RE MA TER OF Y No. N OF NATONAL SECURTY LETTER AND NONDSCLOSURE REQUREMENT MPOSED N CONNECTON THEREWTH FLED UNDER SEAL [Cvl L.R. 79-5, 7-] Judge: Hon. Wllam H. Alsup CaseNo. DECLARATON OF N SUPPORT OF PETTON TO SET ASDE NATONAL SECURTY LETER AND NONDSCLOSURE REQUREMENT vl

2 3 DECLARATON OF, declare as follows:. am the of 4 f called upon as a wtness, could and would testfy competently to the 5 matters stated heren of my own personal knowledge. 6. submt ths declaraton n support of Petton to Set Asde Natonal 7 Securty Letter And Nondsclosure Requrement mposed n Connecton Therewth have been employed at snce. s an company that provdes long dstance and moble phone 0 servces to ts customers Case No.. DECLARATON OF N SUPPORT OF PETTON TO SET RTY LETTER AND NONnTSCLOSlJRR RROlHRRMRNT

3 , j,. $ ;; , j 9 f 0, f! 3 4 ] 5 7 j 9 J 6! 3,, j ; \ l l has an nterest n protectng the communcatons prvacy of ts customers... beleves that t should ensure that any request for nformaton about ts customers fully meets both statutory and consttutonal standards. 3. On, receved an NSL addressed to (" NSL". 4. Attached hereto as Exhbt A s a t f the NSL. 5. Though the NSL was addressed to s the actual custodan of records, not and s the entty flng ths petton and respondng to the NSL. 6. The NSL prohbts from dsclosng nformaton about the NSL or ths petton to to most of employees and staff, to the press, to members of the publc, and to members of Congress..sought about an 7. t lkewse prohbts from dsclosng that an has been drected to. Lkewse, s prohbted by law from dsclosng that nformaton has been that, Case No. DECLARATON OF N SUPPORT OF PETTON TO SET ASDE NATONAL SECURTY LETER AND NONDTSCT.OSlJRE REOlJREMF.NT

4 3 declare under penalty of perjury under the laws of the Unted States of Amerca that the 4 foregong s true and correct. 5 Executed ths nd day of May,, at San FrancsCo, Calforna "" CaseNo...;.." DECLARATON OF N SUPPORT OF PETTON TO SET RTY LETER A NT NONnTSCT.OSl JRF. REnt JTREMF.NT

5 (BEST COPY '0 J r u.s. Department of Justce Bureau oflnvestgaton n reply, Pl*C n!'fct [0 Dear Under the authorty of Executve Order 333 (as amended, dated July 30, 0, and pursuant to Ttle Unted States Code (U.S.C., 709 ( of Electronc Communcatons prvacy Act of 96 (as amended, you are hereby drected to provde to the Federal Bureau of nvestgaton (FB all subscrber nformaton, lmted to name, address, and length of servce, for all servces provded to' or accounts held by the named subscrber and/or subscrber of the named account. f.the tme perod noted above s from "ncepton. that term s ntended to apply to the current account holder only. f the tme perod noted above s to the "present," that term s ntended to drect producton of nformaton to the date of the processng of ths letter. f provdng nformaton to the date of processng s not feasble, please provde nformaton to the date of recept of ths letter. n accordance wth Ttle U.S.C., 709(b. certfy that the nformaton sought s relevant to an authorzed nvestgaton to protect aganst nternatonal terrorsm or clandestne ntellgence actvtes. and that such an nvestgaton of a Unted States person s not conducted solely on the bass of actvtes protected by the Frst Amendment to the Consttuton of the Unted States.

6 (BEST COPY j j l n accordance wth Ttle U.S.C. 709(C (, certfy that a dsclosure of the fact that the FB has sought or obtaned access to the nformaton sought by ths letter may enda'nger the natonal securty of the Unted States, nterfere wth a crmnal, counterterrorsm, or counterntellgence nvestgaton, nterfere wth dplomatc relatons, or endanger the lfe or physcal safety of a person. Accordngly, Ttle U.S.C. 709(c ( and ( prohbts you, or any offcer, employee, or agent of yours', from ths letter, other than to those to whom dsclosure s necessary to comply wth the letter or to an attorney to obtan legal advce or legal assstance wth respect to ths letter. n accordance wth Ttle U.S.C. 709(c (3, you are drected to notfy any persons to whom you have dsclosed ths letter that they are also subject to the nondsclosure requrement and are therefore also prohbted from dsclosng the letter to anyone else. n accordance wth Ttle U.S.C. 709(c (4, f the FB asks for the nformaton, you should dentfy any person to whom such dsclosure has been made or to whom such dsclosure wll be made. n no nstance wll you be requred to dentfy any attorney to whom dsclosure was made or wll be made n order to obtan legal advce or legal assstance wth respect to ths letter. n accordance wth U.S.C. 3S(a and (b (, you have a rght to challenge ths letter f complance would be unreasonable, oppressve, or otherwse unlawful. You al so have the rght to challenge the nondsclosure requrement set forth above. f you wsh to make a dsclosure that s prohbted by the nondsclosure requrement, you must notfy the FB, n wrtng, of your desre to do so wthn 0 calendar da hs letter. attenton: wth a copy to FB HQ, 366 and must reference the date of the NSL and the dentfcaton number found on the upper left corner of the NSL. f you send notce wthn 0 calendar days, the FB wll ntate judcal proceedngs n approxmately 30 days n order to demonstrate to a federal judge the need for nondsclosure and to obtan a judcal order requrng contnued nondsclosure. The nondsclosure requrement wll reman n, effect unless and untl there s a fnal court order holdng that dsclosure s permtted. f you do not send notce of your desre to dsclose the NSL or the fact that you produced records n response to t wthn 0 calendar days of recept, then the nondsclosure provson wll reman n effect, subject to your opportunty to make an annual challenge to the nondsclosure requrement as provded by subsecton 35(b.

7 (BEST COPY, n accordance wth Ttle U.S.C. 35(c, an unlawful falure to comply wth ths letter, ncludng any nondsclosure requrement, may result n the Unted States an enforcement acton. You are drected to provde records responsve to ths letter through a controlled delvery ser nted States Postal Servce or Federal Express to the wthn 5 busness days of recept of ths letter. provde records n response. to ths letter n electronc format. Due to securty consderatons, you should nether send the records through routne mal servce nor non-secure fax, nor dsclose the substance of ths letter n any telephone conversaton. n respondng to ths request n tate processng of the nformaton, please reference the the Any questons you have re cted to or Your cooperaton n ths matter s greatly apprecated. Actng Specal Agent n Charge