Recommendation #8

Grade: 0.25

Basis:
The USA FREEDOM ACT of 2015 specifies that recipients of NSL non-disclosure orders may seek legal advice. The Act also requires the FBI to terminate NSL non-disclosure orders that are not supported by the facts. Prior to the passage of the Act, the FBI even agreed to presumptively terminate NSL nondisclosure orders at the earlier of three years after the opening of a fully predicated investigation or the investigation's close.

BUT:

The USA FREEDOM ACT of 2015 says nothing about seeking legal advice by recipients of non-disclosure orders under section 215 or section 702. Additionally, non-disclosure orders still do not require a judicial finding. Lastly, the Act doesn't specify how soon a non-disclosure order should terminate for NSLs and the FBI has committed to a time interval much longer than the recommended 180 days.