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GSLC · Question #152

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…

The correct answer is A. Electronic Communications Privacy Act of 1986. The Electronic Communications Privacy Act (ECPA) of 1986 contains the statutory authority that allows the FBI to issue National Security Letters to ISPs demanding customer records. Specifically, 18 U.S.C. Section 2709 codifies this authority.

Risk Management & Compliance

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

  • AElectronic Communications Privacy Act of 1986
  • BWiretap Act
  • CComputer Fraud and Abuse Act
  • DEconomic Espionage Act of 1996

How the community answered

(24 responses)
  • A
    92% (22)
  • B
    4% (1)
  • C
    4% (1)

Why each option

The Electronic Communications Privacy Act (ECPA) of 1986 contains the statutory authority that allows the FBI to issue National Security Letters to ISPs demanding customer records. Specifically, 18 U.S.C. Section 2709 codifies this authority.

AElectronic Communications Privacy Act of 1986Correct

The Electronic Communications Privacy Act of 1986 includes 18 U.S.C. Section 2709, which authorizes the FBI to issue National Security Letters to electronic communication service providers (including ISPs) to obtain subscriber information and transactional records without a court order, subject to national security investigations.

BWiretap Act

The Wiretap Act (Title I of ECPA) governs the interception of wire, oral, and electronic communications in transit - it does not establish the NSL authority for compelling ISPs to disclose stored customer records.

CComputer Fraud and Abuse Act

The Computer Fraud and Abuse Act (CFAA) criminalizes unauthorized access to computer systems and is a prosecutorial tool - it does not grant the FBI authority to compel ISPs to disclose customer records via NSLs.

DEconomic Espionage Act of 1996

The Economic Espionage Act of 1996 criminalizes the theft of trade secrets for the benefit of foreign entities or for commercial advantage - it has no provision authorizing NSLs or compelling ISP record disclosure.

Concept tested: ECPA and FBI National Security Letter authority for ISPs

Source: https://www.justice.gov/archives/jm/criminal-resource-manual-52-national-security-letters

Topics

#ECPA#National Security Letters#privacy law#legal compliance

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