US. Department of Justice

Federal Bureau of Investigation

 

 

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Houston Division

1 Justice Park Drive
Houston, TX 77092
June 10, 2016

Ms. Vijaya Gadde

General Counsel

Twitter

1355 Market Street, Suite 900
San Francisco, CA 94102

Dear Ms. Gadde:

Pursuant to Title 18, United States Code (U.S.C.), Section 2709
(Section 201 of the Electronic Communications Privacy Act), to the extent
you provide an electronic communication service as defined in 18 U.S.C.
2510(15), you are hereby directed to provide the Federal Bureau of
Investigation (FBI) the name, address, length of service, and electronic
communications transactional records for all services, as well as all
accounts, provided to the individual(s) or identifier(s) listed below:

 

Account: For following Bat-(t) (my-moon) 

Prom Inception to Preset

We are not directing you to provide, nor should you provide,
information pursuant to this letter that would disclose the content

 

 

 

 

of any electronic communication. Section 2510(8) defines content as

"any information concerning the substance, purport, or meaning of" a
communication. The subject lines of e?mails and message content are
"content" information and should not be provided pursuant to this letter.

If the period noted above is from "inception," that term applies
to the current account holder only. If the period noted above is to the
"present," that term directs production of information to the date you
process this letter. Information that is responsive to this request may
include information that falls within the "billing cycle" that you use.
For example, if the request is for January 1 through February 1, but you
maintain account information based on a billing cycle that runs from the

 

 

 

 

 

 

 

Ms. Vijaya Gadde

15th of the month, then you may provide information before January 1 and
after February 1 so long as the information falls within your billing
cycle.

While fulfilling your obligations under this letter, please
do not disable, suspend, lock, cancel, or interrupt service to the
above-described subscriber(s) or accounts. A service interruption or
degradation may alert the subscriber(s) and account users(s) to the
investigative action. If you are not able to fulfill your obligations
under this letter without alerting the subscriber(s) and account user(s).
please contact the FBI prior to proceeding.

In accordance with 18 U.S.C. 2709(b), I certify the information
sought is relevant to an authorized investigation to protect against
international terrorism or clandestine intelligence activities, and such
an investigation of a United States person is not conducted solely on the
basis of activities protected by the First Amendment to the Constitution
of the United States.

NONDI SCLOBURE REQUIREMENT

In accordance with 18 U.S.C. 2709(c)(1), I certify disclosure

of the fact the FBI has sought or obtained access to the information

or records sought by this letter may result in a danger to the

national security of the United States; interference with a criminal,
counterterrorism, or counterintelligence investigation; interference with
diplomatic relations; or danger to the life or physical safety of any
person, that is related to an authorized investigation to protect against
international terrorism or clandestine intelligence activities.

In accordance with 18 U.S.C. you, any officer,
employee, or agent of yours are prohibited from disclosing this letter
or disclosing that the FBI has sought or obtained access to information,
other than to those to whom disclosure is necessary to comply with the
letter or to an attorney to obtain legal advice or legal assistance with
respect to this letter.

In accordance with 18 U.S.C. 2709(c)(3). you are directed to
notify any persons to whom you have disclosed this letter that they are
also subject to the nondisclosure requirement and are therefore also
prohibited from disclosing the letter to anyone else.

In accordance with 18 U.S.C. 2709(c)(4), if the FBI asks for the
information, you should identify any person to whom such disclosure has
been made or to whom such disclosure will be made. In no instance will
you be required to identify any attorney to whom disclosure was made or
will be made in order to obtain legal advice or legal assistance with
respect to this letter.

 

FOR INTERNAL USE ONLY

 

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Ms. Vijaya Gadde

In accordance with 18 U.S.C. you have a right to
challenge this letter if compliance would be unreasonable, oppressive.
or otherwise unlawful. You also have the right to challenge the
nondisclosure requirement set forth above. If you wish to make a
disclosure prohibited by the nondisclosure requirement, you must notify
the FBI, in writing. of your desire to do so within 10 calendar days of
receipt of this letter. The notice must be mailed or faxed to the FBI
Houston Division Field Office, and a copy faxed to FBI HQ, attention:
General Counsel (fax number 202-324-5366). Your notice must reference
the date of this letter and the File Number listed on the upper left
corner of this letter. If you send notice within 10 calendar days of
receipt of this letter, the FBI will initiate judicial proceedings in
approximately 30 days in order to demonstrate to a federal judge the
need for nondisclosure and to obtain a judicial order requiring continued
nondisclosure. The nondisclosure requirement will remain in effect
unless and until there is a final court order holding that disclosure is
permitted.

If you do not send notice of your desire to disclose the NSL or
the fact you produced records in response to it within 10 calendar
days of receipt, then the nondisclosure requirement will remain in
effect, subject to your opportunity to make an annual challenge to the
nondisclosure requirement as provided by 18 U.S.C. 3511(b).

The USA FREEDOM ACT of 2015 requires the FBI to review any NSL that
includes a nondisclosure requirement to determine whether the requirement
should continue. Pursuant to the Attorney General Termination Procedures
for National Security Letter Nondisclosure Requirement. the FBI will
review the nondisclosure requirement at the appropriate time and notify
you if the nondisclosure requirement is terminated.

GUIDANCE ON RESPONDING TO THE FBI

In accordance with 18 U.S.C. 3511(c), an unlawful failure to
comply with this letter, including any nondisclosure requirement, may
result in the United States bringing an enforcement action.

You are directed to provide electronically the records responsive to
this letter within 7 business days of receipt of this letter to the FBI's
Operational Technology Division (OTD).

 

FOR INIFJINALUSI: UNI 

 

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Ms. Vijaya Gadde

Direct any questions you have regarding this letter to the FBI
Houston Division Field Office. Due to security considerations, you should
NOT disclose the substance of this letter in any telephone conversation.
When responding to this letter, please refer to File No. 

Your cooperation in this matter is greatly appreciated.

Sincerely,

Michael Anderson

Acting Special Agent in Charge
Houston

 

FOR INTERNAL USE ONLY

 

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