Electronic Communications Privacy Judicial Review and Improvement Act of 2005 - Amends the Federal criminal code to authorize wire or electronic communication service providers (service providers) who receive national security letters (NSLs) from the Federal Bureau of Investigation (FBI) requesting subscriber information and toll billing records in connection with an authorized investigation concerning international terrorism or clandestine intelligence activities to: (1) challenge the NSL in U.S. district court; and (2) challenge the statutory requirement that the receipt of an NSL may not be disclosed to any person.
Authorizes the court to: (1) modify or set aside an NSL if compliance would be unreasonable or oppressive; and (2) set aside the nondisclosure requirement if there is no reason to believe that disclosure may endanger U.S. national security, interfere with specified investigations or diplomatic relations, or endanger the life or physical safety of any person. States that the Government's certification that disclosure may endanger national security or interfere with diplomatic relations shall be treated as conclusive unless made in bad faith.
Authorizes the Attorney General to seek enforcement of an NSL in U.S. district court if the recipient refuses to comply.
States that disclosure of information in proceedings under this Act may be limited consistent with the Classified Information Procedures Act.
Modifies the NSL nondisclosure requirement to create exceptions for: (1) disclosure to an attorney for the purpose of seeking advice; or (2) disclosure to other persons as necessary to comply with the request. Makes the nondisclosure requirement applicable to such parties.
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