FISC Order Directing Verizon to Produce Call Records, 4/25/2013.

Foreign Intelligence Surveillance Court (FISC) Secondary Order.
Date: April 25, 2013.
Re: Directing Verizon to produce call records for all persons on a daily basis.
Source: The Guardian. See, PDF copy.

Notes:
• Tech Law Journal converted the PDF copy published by the Guardian to HTML, and then edited HTML code.
• Pagination, line numbering and double spacing were eliminated in the conversion.
• Hyperlinks and side notes were added by TLJ.
• Published 7:45 AM ET, June 6, 2013.
• See also, TLJ story titled "FISC Orders Verizon to Produce Call Data for Everyone Every Day" in TLJ Daily E-Mail Alert No. 2,571, June 5, 2013.
• Copyright 2013.

TOP SECRET//SI//NOFORN

UNITED STATES
FOREIGN INTELLIGENCE SURVEILLANCE COURT
WASHINGTON, D.C.

IN RE APPLICATION OF THE
FEDERAL BUREAU OF INVESTIGATION
FOR AN ORDER REQUIRING THE
PRODUCTION OF TANGIBLE THINGS
FROM VERIZON BUSINESS NETWORK SERVICES,
INC. ON BEHALF OF MCI COMMUNICATION
SERVICES, INC. D/B/A VERIZON
BUSINESS SERVICES

Docket Number: BR 13-80

SECONDARY ORDER

TLJ Note: 50 U.S.C. § 1861 is Section 501 of the Foreign Intelligence Surveillance Act. It was amended by Section 215 of the USA PATRIOT Act. It provides that if the government submits an application to the court that states that there are "reasonable grounds to believe that the tangible things sought are relevant to an authorized investigation" of terrorism, intelligence activities, or activities of foreign powers, then the "judge shall enter an ex parte order as requested".

This Court having found that the Application of the Federal Bureau of Investigation (FBI) for an Order requiring the production of tangible things from Verizon Business Network Services, Inc. on behalf of MCI Communications Services Inc., d/b/a Verizon Business Services (individually and collectively "Verizon") satisfies the requirements of 50 U.S.C. § 1861,

IT IS HEREBY ORDERED that, the Custodian of Records shall produce to the National Security Agency (NSA) upon service of this Order, and continue production on an ongoing daily basis thereafter for the duration of this Order, unless otherwise ordered by the Court, an electronic copy of the following tangible things: all call detail records or "telephony metadata" created by Verizon for communications (i) between the United States and abroad; or (ii) wholly within the United States, including local telephone calls. This Order does not require Verizon to produce telephony metadata for communications wholly originating and terminating in foreign countries. Telephony metadata includes comprehensive communications routing information, including but not limited to session identifying information (e.g., originating and terminating telephone number, International Mobile Subscriber Identity (IMSI) number, International Mobile station Equipment Identity (IMEI) number, etc.), trunk identifier, telephone calling card numbers, and time and duration of call. Telephony metadata does not include the substantive content of any communication, as defined by 18 U.S.C. § 2510(8), or the name, address, or financial information or a subscriber or customer.

TLJ Note: 18 U.S.C. § 2510 provides that "``contents´´ when used with respect to any wire, oral, or electronic communication, includes any information concerning the substance, purport, or meaning of that communication."

IT IS FURTHER ORDERED that no person shall disclose to any other person that the FBI or NSA has sought or obtained tangible things under this Order, other than to: (a) those persons to whom disclosure is necessary to comply with such Order; (b) an attorney to obtain legal advice or assistance with respect to the production of things in response to the Order; or (c) other persons permitted by the Director of the FBI or the Director's designee. A person to whom disclosure is made pursuant to (a), (b), or (c) shall be subject to the nondisclosure requirements applicable to a person to whom an Order is directed in the same manner as such person. Anyone who discloses to a persons described in (a), (b), or (c) that the FBI or NSA has sought or obtained things pursuant to this Order shall notify such person of the nondisclosure requirements of this Order. At the request of the Director of the FBI or the designee of the designee of the Director, any person making or intending to make a disclosure under (a) or (c) above shall identify to the Director or such designee the person to whom such disclosure will be made or to whom such disclosure was made prior to the request.

TLJ Note: The following is at the bottom of the first page:
"Derived from: Pleadings in the above-captioned docket
Declassify on: 12 April 2038".

IT IS FURTHER ORDERED that service of this Order shall be by a method agreed upon by the Custodian of Records of Verizon and the FBI, and if no agreement is reached, service shall be personal.

-- Remainder of page intentionally left blank --

TLJ Note: The following mark is at the top and bottom of each page of the original paginated document: "TOP SECRET//SI//NOFORN".

This authorization requiring the production of certain call detail records or "telephony metadata" created by Verizon expires on the 19th day of July, 2013, at 5:00 p.m., Eastern Time.

Signed 04-25-2013 PO2:26 Eastern Time
Date Time

_______________________
ROGER VINSON
Judge, United States Foreign
Intelligence Surveillance Court

TLJ Note: Roger Vinson is a senior status judge of the U.S. District Court for the Northern District of Florida.

I, Beverly C. Queen, Chief Deputy
Clerk, FISC, certify that this document
is a true and correct copy of the
original.