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Preliminary
Judiciary Democratic Congressional Briefing
"Constitution in Crisis: Domestic Surveillance and Executive Power"
January 20, 2006

Congressmen Conyers, Scott and Van Hollen
hosted a Congressional Briefing

on the
"Constitution in Crisis: Domestic Surveillance and Executive Power."

CHARTER COMMUNICATIONS RESPONSE
TO HOUSE JUDICIARY COMMITTEE
LETTER
RE NON - COMPELLED DISCLOSURE
OF
CUSTOMER RECORDS

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Click for the pdf version of this document at the House Judiciary Democratic Members NSA Briefing Page at http://www.house.gov/judiciary_democrats/nsabriefing/chartercommresp12706.pdf









January 27, 2006

VIA HAND DELIVERY
Ranking Member John Conyers, Jr.
U.S. House of Representatives
House Judiciary Committee
2142 Rayburn House Office Building
Washington, DC 205 15

Dear Ranking Member Conyers:

I am writing on behalf of Charter Communications, Inc., its affiliates and its subsidiaries (collectively, Charter Communications), in response to your inquiry dated January
20th, 2006. Charter Communications responds as follows:

1.     To the best of my knowledge, neither Charter Communications nor subsidiaries has given the government access to any of their hardware or software used to deliver communications services in response to a request that was not compelled by a grand jury subpoena, a national security letter, a court authorized wiretap order, a valid pen register or trap and trace order, a valid administrative subpoena or a request for documents and things under Section 215 of the PATRIOT Act. Charter Communications agreements with contractors prohibit the disclosure of customer information to any third party, including governmental entities, except in accordance with applicable law, and then only with notice to Charter Communications. Charter Communications has not received notice from any of its contractors regarding such disclosures.

2. In limited instances, Charter Communications has disclosed personally identifying customer information to the federal government where Charter Communications, in good faith, believed that an emergency involving immediate danger of death or serious physical injury would occur without such disclosure, and then only information relating to such emergency situation was disclosed, pursuant to the Electronic Communications Privacy Act. 18 U.S.C.
ยง 2702 (b) (8). Such requests may have been in response to federal, state or local government requests, including public school officials reporting bomb threats. Additionally Charter Communications sometimes receives tips from anonymous sources that, after the tip is verified, will lead Charter Communications to disclose such information to the appropriate governmental entity. Charter Communications limits such disclosure to personally identifying






information, and, to the best of my knowledge, has not disclosed any other customer records, absent compulsion of law.










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