The table below sets forth the number of national security demands that we received during the applicable period. Under Section 603 of the USA Freedom Act, we are now able to report the number of these demands in bands of 500. * The government has imposed a six month delay for reporting this data.
Jan. 1, 2017-June 30,2017
July 1, 2017-Dec.31, 2017
Jan. 1, 2018-June 30,2018
July 1, 2018-Dec.31, 2018
Jan. 1, 2019-June 30,2019
July 1, 2019-Dec.31, 2019
Jan. 1, 2020-June 30,2020
July 1, 2020-Dec.31, 2020
Jan. 1, 2021-June 30,2021
National Security Letters
4-499
500-999
3-499
0-499
1-499
2-499
Number of customer selectors
1,500-1,999
2,000-2,499
3,500-3,999
1,000-1,499
FISA Orders (Content)
*
FISA Orders (Non-Content)
During the first half of 2021, we received between 500 and 999 NSLs from the FBI. Those NSLs sought information regarding between 1,500 and 1,999 “selectors” used to identify customers.The government uses the term “customer selector” to refer to an identifier (most often a telephone number) that specifies a given customer. The number of selectors is generally greater than the number of “customer accounts.” (If an NSL asked for the names associated with two different telephone numbers, then we would count them as two selectors, even if both phone numbers were assigned to the same customer account.) The FBI may seek only limited categories of information through an NSL: name, address, length of service, and toll billing records. Verizon does not release any other information, such as content or location information, in response to an NSL.
NSLs typically prohibit the recipient, such as Verizon, from disclosing to any other person that the NSL was received or that the recipient provided information in response to it. Until recently, these non-disclosure requirements applied indefinitely. The USA Freedom Act, however, required the FBI to periodically review if each NSL recipient could be relieved of the non-disclosure requirements. To that end, we have recently received 25 notices from the FBI advising that the non-disclosure requirements of 25 NSLs no longer apply.
We therefore can now disclose that we complied with each of those NSLs by providing the name, address, dates of service, and/or toll billing records, as authorized by the relevant statute.
Content. From July 1, 2020 through December 31, 2020, we received between 0 and 499 FISA orders for content. Those orders targeted between 1,000 and 1,499 “customer selectors” used to identify Verizon customers.
Non-content. From July 1, 2020 through December 31, 2020, we received between 0 and 499 reportable FISA orders for non-content. Some FISA orders that seek content also seek non-content. We counted those as FISA orders for content and, to avoid double counting, have not also counted them as FISA orders for non-content. Those orders targeted between 0 and 499 “customer selectors.”
What is an NSL? A National Security Letter, or NSL, is a request for information in national security matters; it cannot be used in ordinary criminal, civil, or administrative matters. When the Director of the Federal Bureau of Investigation issues a National Security Letter to a wire or electronic communications provider (like Verizon), the provider must comply. The law that authorizes the FBI to issue NSLs also requires the Director of the FBI to report to Congress regarding NSL requests.
Under what circumstances can the FBI issue an NSL? The FBI does not need to go to court to issue an NSL. Rather, the Director of the FBI or a senior designee must certify in writing that the information sought is relevant to an authorized investigation to protect against international terrorism or clandestine intelligence activities, provided 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.
What types of data can the FBI obtain through an NSL? The FBI does not need to go to court to issue an NSL. Rather, the Director of the FBI or a senior designee must certify in writing that the information sought is relevant to an authorized investigation to protect against international terrorism or clandestine intelligence activities, provided 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.
What types of data can the FBI obtain through an NSL? The FBI may seek only limited categories of information through an NSL: name, address, length of service, and toll billing records. The FBI cannot obtain other information from Verizon, such as content or location information, through an NSL.
What is a “FISA Order”? A FISA order is an order issued by a judge of the Foreign Intelligence Surveillance Court. This Court was created by the Foreign Intelligence Surveillance Act of 1978 (commonly known as “FISA”). The FISA court considers requests by government agencies like the FBI or NSA to collect or conduct intelligence in the United States. The FISA court can issue an order compelling a private party, like Verizon, to produce intelligence information to the government.
What is a “FISA Order for Content”? A FISA order for content is an order that compels a service provider to give the government the content of certain communications carried on the provider’s networks. A FISA order for content could compel the provider to intercept voice communications or provide the government with stored content. For example, the government could seek a FISA electronic surveillance order (pursuant to 50 U.S.C. §1805 or §1881a) or search order (pursuant to 50 U.S.C. §1824) from the FISA court to compel content from a provider.
What is a “FISA order for non-content”? A FISA order for non-content is an order that compels a service provider to produce call detail records or similar “transactional” information about communications carried on the provider’s networks, but it does not require the provider to produce any content. A FISA pen register or trap and trace order and a so-called Section “215 order” are FISA orders for non-content. For example, the government could seek a FISA pen register or trap and trace order (pursuant to 50 U.S.C. § 1842) from the FISA court to compel a provider to produce routing information. The government may seek a Section 215 order (pursuant to 50 U.S.C. § 1861) to obtain the types of information obtained through a grand jury subpoena or a court order.