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US. Department of Justice
Federal Bureau of Investigation
New Haven Division
600 State Street
New Haven, CT 06511-6505
dune 02, 2022
Custodian of Records
Apple Inc.
1 Infinite Loop
_— ‘ ~ i
Dear Custodian of Record
Pursuant to Title 18, United States Code (U.S.C.), Section 2709
(Section 201 of the Electronic Communications Privacy Act of 1986), the
FBI issued a National Security Letter (NSL) NSL~19-485768 to Apple Inc..
The NSL included a nondisclosure requirement that prohibited you, any
officer, employes, or agent of your company from disclosing the letter
and that the FBI had sought or obtained access to information, other than
to those to whom disclosure was necessary to comply with the letter or to
an attorney to obtain legal advice or legal aseistance with respect to
the letter. Consistent with the requirements of the USA FREEDOM Act of
2015 and the Termination Procedures for NSL Nondisclosure Requirement,
the FBI has reviewed whether to continue the nondisclosure requirement
in the NSL and determined that nondisclosure is no longer necessary
with respect to all information contained in the NSL except ac set forth
below.
Accordingly, and consistent with law, you may exercise your
discretion to disclose the following:
The fact that you received the NSL on a certain dates
The customer account (s) for which information was sought; and
Whether or not you provided responsive information to the FBI
pursuant to the NSh.
IE you choose, you may disclose the NSL itself provided that doing
So would be consistent with other legal obligations you may have.
However, consistent with the relevant statute, the FAT requests that thename and telephone number of the FBI Spe:
1 Agent included on the NSL be
t in danger to the life or physi
safety of a person. Please note that the name and teleph
redacted because disclosure may resu
number of
the FBI Special Agent might appear in two places o
redacted accord
the NSL and should be
agly:
‘nthe paragraph
the s
cussing your right to challenge the NSb, in
at reads, “That notice must be ma:
d or faxed
0 the FBI New Haven Field of: dact name and
telephone nunber], with a copy to FBI HQ, jeneral
nsel (fax nunber: MMMM) and must reference the date
of the NSL and the identification nunber found on the upper left
corner of the NSL."
Near the last page of the NSL, ina sentence that reads, “Any
questions you have regarding this letter should be directed to
the FBI New Haven Field Office or attention [redact name and
telephone nunber
Please direct any questions you have regarding this letter to the
New Haven FBI Field of
‘Special Agent in Cl
New HavenFederal Bureau of lavestigation
New Haven Field Office
600 State Street
New Haven, CT 06511-6505
June 18, 2019
Custodian of Records
Apple Computer
L Infinite Loop
Cupertino, CA 95014
Dear Custodian of Records:
Pursuant to Title 18, United States Code {U.$.C.}, Section 2709
{Section 201 of the Electronic Communications Privacy Act of 1986), to
the extent you provide an electronic commmication service as defined in
18 U.S.C. § 2510115), you are hereby directed to produce to the Federal
Bureau of Investigation (FBI) the name, address, and length of service
for all services, as well as all accounts, provided to the individual(s)
or identifier (s) listed below:
oneal Tor Fotiocing Bate) (HRTF): |
Po |
Tf the period noted above is from "inception," that term applies
to the current account holder only. If the period noted above is to the
“present,” that term directs production of information to the date you
process this letter.
While fulfilling your obligations under this letter, please
do not disable, suspend, lock, cancel, or interrupt service to the
above-described subscriber (s} or accounts. A service interruption or
degradation may alert the subscriber(s} and account users(s) to the
investigative action. Tf you are not able to fulfill your obligations
under this letter without alerting the subscriber(s) and account user(s),
please contact the FBT prior to proceeding.
In accordance with 18 U.S.C. § 2709(b), I certify the information
sought is relevant to an authorized investigation to protect against
international terrorism or clandestine intelligence activities, and suchan 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.
NONDISCLOSURE REQUIREMENT
In accordance with 18 U.S.C. § 2709(c) (1), I certify disclosure
of the fact the FBI has sought or obtained access to the information
or records sought by this letter will result in a danger to the
national security of the United States; interference with a criminal,
counterterrorism, or counterintelligence investigation; interference with
diplomatic relations; or danger to the life or physical safety of any
person, that is related to an authorized investigation to protect against
international terrorism or clandestine intelligence activities.
In accordance with 18 U.S.C. § 2709(c) (2), you, any officer,
employee, or agent of yours are prohibited from disclosing this letter
or disclosing that the FBI has sought or obtained access to information,
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 18 U.S.C. § 2709(c) (2), 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 letter to anyone els:
In accordance with 18 U.S.C. § 2709(c] (2), 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), you have the right to
seek in an appropriate United States district court an order modifying
or setting aside this request, if compliance would be unreasonable,
oppressive, or otherwise unlawful. In accordance with 18 U.S.C. §
3511(b), you also have the right to have a court review the nondisclosure
requirement imposed in connection with this letter. If you wish to have
@ court conduct such a review, you may file a petition for judicial
review in any court described in 16 U.S.C. § 3511(a). In the alternative,
you may notify the FBI of your desire for judicial review of the
nondisclosure requirement. Written notice may be mailed or faxed to the
FBI New Haven Field Office, with a copy mailed to FBI Headquarters, 935
Pennsylvania Avenue NW, Washington, DC 20535, Attention: General Counsel.
Your notice should reference the date of this letter and the File Number
listed on the upper left corner of this letter. If the FBI determines
TOR INTERNAL USE ONLY
2 wt oathat the nondisclosure requirement continues to be appropriate, not
later than 30 days after the date of the FBI's receipt of the notice,
the #Bf shall apply in a court described in 18 U.S.C. § 3511(b) (1) (B)
for an order prohibiting the disclosure of the existence or contents of
this letter. The nondisclosure requirement shall remain in effect during
the pendency of the legal proceedings relating to the nondisclosure
requirement
‘The USA FREEDOM Act of 2015 mandates that the Attorney General
adopt, with respect to nondisclosure requirements issued in NSLs,
procedures that require the FBI to conduct reviews at appropriate
intervals to assess whether the facts supporting nondisclosure continue
to exist, Pursuant to the Attorney General Termination Procedures for
National Security Letter Nondisclosure Requirement, the FRI will review
the nondisclosure requirement at the appropriate times and notify you if
the nondisclosure requirement has been terminated
GUIDANCE ON RESPONDING TO THE FBI
In accordance with 1@ 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 electronically the records responsive to
this letter within 7 business days of receipt of this letter to the FBI's
Operational Technology Division (OTD).
Direct any questions you have regarding this letter to the Fr
New Haven Field Office. Due to security considerations, you should NOT
disclose the substance of this letter in any telephone conversation. when
responding te this letter, please refer to File No. NSL-19-485768.
Your cooperation in thie matter is greatly appreciated.
Sincerely,
Special Agent in charge
New Haven
3 ve