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CREDO National Security Letter 2
On March 19, the FBI sent CREDO two national security letters, demanding information about its customers.
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CREDO National Security Letter 2
On March 19, the FBI sent CREDO two national security letters, demanding information about its customers.
Uploaded by
Jessica Schulberg
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US. Department of Justice Federal Bureau of Investigation Ine Paw se 5740 University Heights San Antonio, TX 78249 March 19, 2023 Ms. Jean Parker Legal Director CREDO Mobile custodian of Records Working Assets/CREDO 101 market St, ste 700 San Francisco, CA 94105 415-369-2053 Dear Ms. Parker under the authority of Executive Order 12333, dated July 30, 2008, and pursuant to Title 18 United States Code (U.S.C.), § 2709 (§ 201 of the Blectronic Communications Privacy Act of 1986) (as amended), you are hereby directed to provide to the Federal Bureau of Investigation (FBI) the name, address, length of service and local and long distance toll billing records associated with the following: a For Pennoving bate(a) CEH): — Fron 2008-04-01 to Present @[aw@ep From 2008-04-01 to Present Please see the attachment following this letter for the types of information that you might consider to be a toll billing record. we are not dixecting that you should provide, and you should not provide, information pursuant to this letter that would disclose the content of any wire communication. Title 18 United States Code § 2510(8) defines content as “any information concerning the substance, purport, or meaning of" a communication If the period noted above is from "inception," that term is intended to apply to the current account holder only. rf the 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. Information that is responsive to this request may include information that falleMs. Jean Parker within the "billing cycle" that you use, e.g., if the zequest is for January 1 through duly 1, but you maintain account information based on a billing cycle that runs from the 15th of the month, then you may provide information beyond the dates requested (January 1 through July 1) so long as the information provided falls within your billing cycle, i.e., you may provide information from December 15 through July 15. Accordingly, producing information outside the requested date range that is within your billing cycle is not an overproduction. In accordance with Title 18 U.8.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. 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. 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 fave also subject to the nondisclosure requirement and are therefore also prohibited from disclosing the letter to anyone else. 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. In accordance with 18 U.S.C. § 3511(a) and (b) (1), you have a right to challenge this letter if compliance would be unreasonable, oppressive, or otherwise unlawful 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 mst notify the PBI, 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 Antonio Division,Ms. Jean’ Parker attention: QD (phone number: @EMMEB . with a copy to FBI HQ, attention: General Counsel (fax number: 202-324-5366) and must reference the date of the NSL and the identification nunber found on the upper left corner of the NSL. If you send 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 nondisclosure. The nondisclosure requirement will remain in effect unless and until there is a final court order holding that disclosure is permitted. 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) 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. You are directed to provide records responsive to thie letter through @ controlled delivery service such as the United States Postal service or Federal Express to the San Antonio Division within 10 business day(s) 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 thie letter in any telephone conversation. In responding to this request in order to facilitate processing of the information, please reference the NSL-13-364689 Any questions you have regarding this letter should be directed to Your cooperation in this matter is greatly appreciated. Sincerely, Armando Femffides Special Agent in charge san antonio 3 ie eiMs. Jean Parker ATTACHMENT Im preparing your vesponse to this wational security netter, you should determine whether your company maintains the following types of information which may be considered by you to be toll billing records in accordance with Title 18 United States Code, § 2708: * Incoming and outgoing local, regional, long distance, international, wholesale, cellular, paging, toll free, and prepaid connection records © Credit card calls (including, but not limited to calls made through American Express, Visa, Discover, and MasterCard) * Alternate billed number calls (calls billed to third parties, collect calle, and calling cara calls for calls through cards issued by the commmications carrier originating from the foregoing telephone number(s) ox terminating at the foregoing telephone number(s) ) © Subscriber name and related subscriber information © Account number(s) + Date the account opened or closed * Addresses associated with the account (s) ‘© Subscriber day/evening telephone numbers * Billing records also known as toll records. origin site of calls if developed in the context of a regular billing record. * Method of payment to initiate and maintain service of the telephone + Any available identification numbers for method of payment, including credit card numbers or prepaid calling card nunbers * Vendor location from which account/service was billed for initiation of service * All telephone numbers associated with the targeted account or account~ holder in this letter, to include any and all of the above information for any secondary or additional telephone numbers identified by you as belonging to the targeted account or account-holder * Information set forth above with respect to all accounts held by the account-holder of the account named herein © Information set forth above which encompasses the billing cycle that is used with respect to the account (s) information requested We are not directing that you should provide, and you should not provide, information pursuant to this letter that would disclose the content of any wire communication meaning “any information concerning the substance, purport, or meaning of a communication" as defined in Title 18 United States Code § 2510(8). If the records provided are particularly large we request that you provide this information in electronic format, preferably on a CD-ROM. 4 we oar
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