GCFA · Question #10
Which of the following Acts enacted in United States allows the FBI to issue National Security Letters (NSLs) to Internet service providers (ISPs) ordering them to disclose records about their custome
The correct answer is D. Electronic Communications Privacy Act of 1986. The Electronic Communications Privacy Act (ECPA) of 1986 is the US federal statute that authorizes the FBI to compel ISPs to disclose customer records through National Security Letters.
Question
Which of the following Acts enacted in United States allows the FBI to issue National Security Letters (NSLs) to Internet service providers (ISPs) ordering them to disclose records about their customers?
Options
- AWiretap Act
- BComputer Fraud and Abuse Act
- CEconomic Espionage Act of 1996
- DElectronic Communications Privacy Act of 1986
How the community answered
(29 responses)- A7% (2)
- B7% (2)
- C3% (1)
- D83% (24)
Why each option
The Electronic Communications Privacy Act (ECPA) of 1986 is the US federal statute that authorizes the FBI to compel ISPs to disclose customer records through National Security Letters.
The Wiretap Act (Title I of ECPA) governs real-time interception of communications in transit and does not provide the authority to issue NSLs compelling stored customer record disclosure from ISPs.
The Computer Fraud and Abuse Act criminalizes unauthorized access to computer systems and does not contain any provisions granting the FBI power to compel ISPs to produce customer records via NSLs.
The Economic Espionage Act of 1996 addresses theft of trade secrets for the benefit of foreign entities and has no provisions authorizing NSLs or compelled disclosure of ISP customer data.
The ECPA of 1986 includes the Stored Communications Act under 18 U.S.C. § 2709, which explicitly grants the FBI authority to issue NSLs to ISPs and electronic communication service providers, compelling disclosure of subscriber information and transactional records without a court order. This statute is the direct legal basis for NSL use against ISPs in national security investigations.
Concept tested: ECPA statutory authority for FBI National Security Letters
Source: https://www.law.cornell.edu/uscode/text/18/2709
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