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> A NSL is a subpoena, meaning an order to produce information. Well, yes and no. They do not come from a court (I've heard), so they are not a subpoena in the
by jsmthrowaway 11y ago
> A NSL is a subpoena, meaning an order to produce information.
Well, yes and no. They do not come from a court (I've heard), so they are not a subpoena in the court sense, nor a court order. But they are an order to produce information, so I assume calling one a "subpoena" is correct, and I'm not arguing with you there. Just want to make clear for those reading without a law background that NSLs do not involve a court, which "subpoena" might imply.
An NSL (I've heard, hypothetical, yadda yadda) basically amounts to the FBI citing statute authority to demand information about a suspect and does not rest on, nor require, a court case. Indeed, the whole point the government makes about the nondisclosure aspect of an NSL is to keep a matter discreet from the investigated party for reasons of national security or imminent death (which a court case, on which to issue court-ordered subpoenas, would make far more difficult).
U.S. law specifically discusses upgrading an NSL to a court order in district court, for reasons of noncompliance.