An edition of Responding to national security letters
(2009)
Responding to national security letters
a practical guide for legal counsel
by David P. Fidler
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Responding to national security letters: a practical guide for legal counsel
2009, American Bar Association
in English
1604423056 9781604423051
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Book Details
Table of Contents
The need for a practical guide for legal counsel on responding to national security letters
Why is guidance needed for legal counsel on national security letters?
How did the law on national security letters change to produce these challenges for legal counsel?
What tasks now confront companies and their legal counsel with respect to national security letters?
How is the guide organized?
Understanding national security letters
What is a national security letter?
Why are national security letters controversial?
What issues of constitutional law do national security letters raise?
Are there different kinds of national security letters or only one type?
What federal agencies are authorized to issue national security letters?
What kind of information does the federal government seek in national security letters?
Receiving and reviewing national security letters
What is the likelihood that a company will receive a national security letter?
How does the federal government make a national security letter request known to a company?
What should authorized company representatives do when they first talk or meet with federal agents concerning a national security letter?
What are the company's rights when it receives a national security letter?
What does the company do with the national security letter upon receipt?
What are the company's obligations when it receives a national security letter?
What if a company receives a letter from a federal agency that contains a request for information, but the letter does not cite national security letter statutes for its legal basis?
Responding to national security letters
Does federal law mandate compliance with requests for information received through national security letters?
What happens if a recipient of a national security letter fails to comply with the request for information?
Why might a company decide not to comply with a request for information in a national security letter?
Legal grounds for a decision not to comply
Reliance on inapplicable authorizing statute
Reliance on wrong statute
Other legal defects, including defects related to constitutional law
Importance of legal analysis of the national security letter
Constitutional challenge to national security letter
Unreasonable, oppressive, or otherwise unlawful requests for information
No legal access to or control over requested information
Technical reasons for a decision not to comply
Good-faith efforts to resolve issues with the federal agency
Petitioning a federal district court about a national security letter
The importance of establishing the compliance decision process in advance
What are a recipient's legal obligations to the federal government when responding to a national security letter?
Complying with the non-disclosure requirements
Data identification, collection, and organizational issues
Minimizing the prospects of over-disclosure of information in responding to national security letters
Understanding the implications of company's published privacy policies
What are a recipient's legal rights after it has responded to a national security letter?
What other actions should a company take with respect to responding to national security letters?
Public relations
Auditing issues
National Security Letters and International Issues
What are the basic principles that guide federal government efforts to access information held or located in a foreign country?
How do these general principles apply to the use of national security letters?
Jurisdiction and authority to seek information located outside the United States
Determining the reasonableness of a request for foreign-based information
Alternative mechanisms for obtaining foreign-based information
What do the general principles on obtaining foreign-based information mean for recipients of national security letters in the United States?
Monitoring the law on national security letters
Why should monitoring the law on national security letters be a priority for companies and their legal counsel?
What legislative proposals have been made in congress to reform the law on national security letters?
Increased restrictions and obligations on federal agencies issuing national security letters
Implications of the proposed legislation for potential recipients of national security letters
Changes to other laws and policies on national security investigations
What would be good strategies for monitoring potential changes to the law on national security letters?
Edition Notes
Includes bibliographical references.
Classifications
The Physical Object
ID Numbers
Source records
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