FAS

National Security Letters and Administrative Subpoenas (CRS)

03.27.06 | 1 min read | Text by Steven Aftergood

National security letters are investigative tools used in foreign intelligence investigations to compel the disclosure of certain transactional information such as financial records and communications data.

NSLs have become controversial due to their increasing use by government agencies (primarily the FBI), and because of the non-disclosure requirements and the limited judicial oversight involved in their use.

A new report (pdf) from the Congressional Research Service sorts through the five statutes that authorize the use of National Security Letters, including the latest amendments which provide for a measure of judicial review.

See “National Security Letters in Foreign Intelligence Investigations: Legal Background and Recent Amendments,” March 17, 2006.

An abbreviated version of the same report, without footnotes or appendices, is “National Security Letters in Foreign Intelligence Investigations: A Glimpse of the Legal Background and Recent Amendments” (pdf), March 21, 2006.

Administrative subpoenas used in criminal investigations are approximately analogous to national security letters used in foreign intelligence investigations. They are the subject of another new report from the Congressional Research Service.

For extended background on administrative subpoenas, see “Administrative Subpoenas in Criminal Investigations: A Brief Legal Analysis” (pdf), March 17, 2006.

An abbreviated version of that report is “Administrative Subpoenas in Criminal Investigations: A Sketch” (pdf), March 17, 2006.

CRS does not make its publications directly available to the public. Copies of these reports were obtained by Secrecy News.

publications
See all publications
FAS
Press release
Dr. Jedidah Isler, Chief Science Officer of the Federation of American Scientists, Testifying on “American Global Competitiveness” in Congressional Committee Today

Called today to speak on behalf of U.S. science and technology, Dr. Jedidah Isler, astrophysicist, educator, strategist, policy-maker, and science communicator, will provide constructive, nonpartisan feedback to the House Committee’s hearing “American Global Competitiveness at 250: Legislative Proposals to Secure U.S. Technology Leadership.”

06.30.26 | 4 min read
read more
Government Capacity
Press release
Federation of American Scientists Launches Data Policy Institute to Advance Federal Data Essential to the Public

“Federal data and access to it is not a partisan issue. It is a people issue. Our country cannot achieve greatness without access to the data that measure what we value, who we are, and where we’re heading.”

06.30.26 | 4 min read
read more
Global Risk
Issue Brief
Transforming American Biosecurity

The United States’ biosecurity governance system is structurally incapable of detecting and responding to certain classes of threats. U.S. biosecurity tools have not kept pace with technological advancements or a changing threat landscape.

06.29.26 | 8 min read
read more
FAS
Blog
Science and Technology Must Deliver for the Public

The United States has never lacked for scientific ambition. What we need now is a renewed civic commitment to ensuring that talent is harnessed for the benefit of all people. Science can work for everyone. Join us as we build a broader coalition committed to that vision.

06.29.26 | 6 min read
read more