Approved for Public Release SEW EXHIBIT is I if eii - NEIL i 3 Jmf'r MINIMIZATION PROCEDURES USED BY THE FEDERAL BUREAU OE INVESTIGATION IN CONNECTION WITH ACQUISITIONSEE 12- INTELLIGENCE INFORMATION PURSUANT TO SECTION 702 FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978 AS AMEND 11 iiTABLE OF CONTENTS I U GENERAL PROVISIONS 1 II U ACQUISITION 4 b1 A SALNF Acquisition 0 4 b3 b7e U RETENTION 5 A U Retention Storage of FISA acquired Information 5 B U Retention Access to PISA acquired Information 6 C U Retention Review and Use of PISA-acquired Information 8 1 U General Provisions 8 2 U Sensitive Information 10 D U Retention Queries of Electronic and Data Storage Systems Containing Raw PISA-acquired Information 11 E U Retention of Attorney-Client Communications l2 1 U Target charged with acrime pursuant to the United States Code 13 I 2 U Target charged with a non-Federal crime in the United States and persons other than a target charged with a crime in the United States 15 3 U Privileged communications involving targets and other persons not charged with a crime in the United States 17 F U Additional Procedures for Retention Use and Disclosure of ISA Infonnation 19 G U Time Limits for Retention 22 Classi ed by The Attorney General Reasen We SEW ACLU 16-CV-8936 RMB 000286 1 U Electronic and data storage systems other than those solely used for link analysis of metadata 22 a U FISA aequired information that has been retained but not reviewed 22 b U FISA acquired information that has been reviewed but not identi ed as meeting the applicable standard 23 2 SW Retention on media 23 3 SW Backup and evidence copies in FBI systems 24 4 Information retained in connection with litigation matters 24 5 SAN-F information 25 6 W Retention of information in other forms 26 IV U AD HOC DATABASES 26 A U Restrictions Concerning Access to and Identi cation of ISA-Acquired Information in an Ad I-Ioc Database 27 B U Restrictions Conceming Retention of FISA-Acquired Information in an Ad Hoe Database 27 C U Retention of FISA Acquired Information that is in an Ad I-Ioc Database 28 D U Analysis and Queries of Raw FISA Aequired Information in an Ad Hoc Database 29 E U Procedures for Retention of Attorney-Client in an Ad Hoc Database 30 V U DISSEMINATION AND DISCLOSURE - 31 A U Dissemination of Foreign Intelligence Information to Federal State Local and Tribal Of cials and Agencies 31 1 U Foreign Intelligence Information as defined in 50 U S C 1801 e 1 31 2 U Foreign Intelligence Information as de ned in 50 U S C 1801 e 2 32 Approved for Public Release B U Dissemination of Evidence of a Crime to Federal State Local and Tribal Of cials and the National Center for Missing and Exploited Children N CMEC 32 C U 32 ii ACLU RMB 000287 Approved for Public Release WOW D U Disclosure of Raw PISA-Acquired Information for Technical or Linguistic Assistance 34 E U Disclosure to the NSA CIA and NCTC 36 U Dissemination of Foreign Intelligence Information for Terrorist Screening 36 G U Disclosure to NCTC of Information Acquired in Cases Related to Terrorism or Counterterrorism 36 H U Dissemination to Private Entities and Individuals of Foreign Intelligence Information or Evidence of a Crime Involving Computer Intrusion Events 37 I U Dissemination to Private Entities and Individuals of Foreign Intelligence Information or Evidence of a Crime Involving a Matter of Serious Harm 37 VI U COMPLIANCE 38 A U Oversight 38 B U Training 40 VII U INTERPRETATION 40 ACLU 1B-CV-8936 RMB 000288 - w Approved for Public Release SEW I U GENERAL PROVISIONS A U In accordance with 50 U S C 1801 h 1821 4 and 1881a c 1 A these Federal Bureau of Investigation FBI minimization procedures govern the acquisition retention and dissemination of nonpublicly available information concerning unconsenting United States persons that is acquired by targeting non-United States persons reasonably believed to be located outside the United States pursuant to section 702 of the Foreign Intelligence Surveillance Act of 1978 as amended FISA or the Act 50 U S C 1881a The Attorney General in- consultation with the Director of National Intelligence DNI has adOpted these procedures after concluding that they meet the de nition of minimization procedures under 50 U S C 1801 h and 1821 4 because they are speci c precedures that are reasonably designed in light of the purpose and technique of the particular surveillance or physical search to minimize the acquisition and retention and prohibit the dissemination of nonpublicly available information concerning unconsenting United States persons consistent with the need of the United States to obtain produce and disseminate foreign intelligence information and otherwise comport with the statutory de nition of minimization procedures In accordance with 50 U S C the DNI has provided assistance to the Attorney General with respect to the dissemination procedures set forth herein so that FISA-acquired information may be used ef ciently and effectively for foreign intelligence purposes B U For the purpose of these procedures 1 the term applicable PISA authority refers to section 702 of the Act 2 references to information acquired pursuant to and PISA acquired information will be understood to mean communications and information acquired pursuant to section 702 of the Act and ACLU RMB 000289 Approved for Public Release References to target will be understood to refer to the user s of a tasked facility C U Pursuant to 50 1806 a no information acquired pursuant to FISA may be used or disclosed by Federal of cers or employees except for lawful purposes Information acquired pursuant to section 702 concerning United States persons may be used and disclosed by Federal of cers and employees without the consent of the United States persons only in accordance with these minimization procedures These procedures do not apply to publicly available information conceming United States persons nor do they apply to information that is - acquired retained or disseminated with a United States person s consent In addition except for the provisions set forth below regarding the handling of information that is acquired in a manner inconsistent with certain of the limitations set forth in section 702 b the use or disclosure of information as described in Section 1 of these procedures attorney-client communications the use of FISA acquired information in criminal proceedings in the United States and foreign countries and the dissemination of raw ISA acquired information to other agencies these procedures do not apply to information concerning non-United States persons D U These procedures adopt the de nitions set forth in 50 U S C 1801 including those for the terms foreign intelligence infonnation and United States person For purposes of these procedures if an individual is known to'be located in the United States he or she should be presumed to be a United States person unless the individual is identi ed as an alien who has not been admitted for pennanent residence or circumstances give rise to the reasonable belief that the individual is not a United States person If an individual is known to be located outside the I United States he or she should be presumed to be a non-United States person unless the individual is identi ed as a United States person or circumstances give rise to the reasonable belief that the individual is a United States person If it is not known whether an individual is 2 ACLU 16-CV-8936 RMB 000290 Approved for Public Release SW located in or outside of the United States he or she should be presumed to be a non United States person unless the individual is identi ed as a United States person or circumstances give rise to the reasonable belief that the individual is a United States person E U If FBI personnel which for the purposes of these procedures includes all contractors and others authorized to work under the direction and control of the FBI on related matters encounter a situation that they believe requires them to act inconsistently with these procedures in order to protect the national security of the United States enforce the criminal law or protect life or property from serious harm those personnel immediately should contact FBI Headquarters and the Of ce of Intelligence of the National Security Division of the Department of Justice N SD to request that these procedures be modi ed Any modi cation to these procedures must be made in accordance with 50 U S C 1881a i l C F U If in order to protect against an immediate threat to human life the FBI determines that it must take action in apparent departure from these procedures and that it is not feasible to Obtain a timely modi cation of these procedures in accordance with 50 U S C 1881a i 1 C the FBI shall report that activity to the NSD which shall notify the Foreign Intelligence Sulveillancc of such activity G U Nothing in these procedures shall restrict the performance of lawful oversight functions of its personnel or systems or lawful oversight functions of the NSD Of ce of the Director of National Intelligence ODNI or the applicable Of ces of the Inspectors General Additionally nothing in these procedures shall prohibit the retention processing analysis or dissemination of information necessary to comply with a speci c congressional mandate or order of a court within the UnitedStates Similarly and notwithstanding any other section in these procedures the FBI may use information acquired pursuant tic- section 702 of the Act to conduct 3 ACLU 16-OV-8936 RMB 000291 Approved for Public Release security assessments of its systems in order to ensure that FBI systems have not been compromised These security assessments may include but will not be limited to the temporary storage of section 702-acquired information in a separate system for a period not to exceed one year While retained in such a storage system for security assessments such section 702- acquired information may not be accessed for any other purpose Any information retained for this purpose may be disseminated only in accordance with the applicable provisions of these procedures II U ACQUISITION A- SM Acquisition of - b1 1 The FBI may acquire_ pursuant to section 702 of b3 b7e the Act only in accordance with FBI targeting procedures that have been adopted by the Attorney General in consultation with the DN1 pursuant to section 702 d of the Act 2 U As soon as FBI personnel recognize that an acquisition of a communication under section 702 of this Act is inconsistent with any of the limitations set forth in section the FBI will purge the communication and destroy all other copies of that communication that are accessible to any end user electronically or in hard copy Any electronic 1 U Subsection 702 b provides that authorization authorized under subsection 1 may not intentionally target any person known at the time of the acquisition to be located in the United States 2 may'not intentionally target a person reasonably believed to be located outside the United States if the purpose of such acquisition is to target a particular known person reasonably believed to be located in the United States 3 may not intentionally target a United States person reasonably believed to be located outside the United States may as to which thesender and all intendedi'wipisatsne known at the time of the acquisition to be located in the United States and 5 shall be conducted in a manner consistent with the fourth amendment to the Constitution of the United States 4 ACLU 16-CV-8936 RMB 000292 - Approved for Public Release SW copies of the cormnunication that are not available to any end user but are available to a systems administrator as an archival back-up will be restricted and destroyed in accordance with normal business practices and will not be made available to any other person In the event FBI archival back-up data is used to restore an electronic and data storage system the FBI will ensure that the previously deleted communication will not be accessible to any user and will be deleted from any storage system U RETENTION A U Retention Storage of FISA-acquired Information U The FBI must retain all PISA acquired information under appropriately secure conditions that limit access to such information only to authorized users in accordance with these and other applicable FBI procedures These retention procedures apply to FISA-acquired information retained in any form FBI electronic and data storage systems may permit multiple authorized users to access the information simultaneously or sequentially and to share acquired information between systems SW Raw PISA-acquired information is ISA-acquired information that is in the same or substantially same format as when the FBI acquired it or has been processed only as necessary to render it into a form in which it can'be evaluated to determine whether it reasonably appears to be foreign intelligence information to be necessary to understand foreign intelligence information or to assess its importance or to be evidence of a crime Illustrative examples of raw PISA acquired information include audio recordings of intercepted communications including c0pies thereof soft or hard copies of e mails and_ b1 I b3 _digitalimages-obtained -- we electronic storage media verbatim translations of documents or 5 ACLU 16-CV-8936 RMB 000293 Approved for Public Release WW communications and intercepted communications that have been processed into the form of tech cuts but have not been evaluated to determine whether the tech cuts reasonably appear to be foreign intelligence information to be necessary to understand foreign intelligence information or to assess its importance or to be evidence of a crime U Any communication acquired through the targeting of a person who at the time of targeting was reasonably believed to be a non-United States person located outside the United States but is in fact located inside the United States at the time such communication is acquired or is subsequently determined to be a United States person will be removed from FBI systems upon recognition unless the Director or Deputy Director of the FBI speci cally determines in writing on a basis that such communication is reasonably believed to contain signi cant foreign intelligence information evidence of a crime that has been is being or is about to be committed or infonnation retained for traf c analytic 01' signal exploitation purposes Notwithstanding the above if any such communications indicate that a person targeted under section 702 has entered the United States nothing in these procedures shall prevent the FBI from retaining and providing to the National Security Agency N SA Central Intelligence Agency CIA or National Counterten'orism Center N CTC technical information derived from such communication for purposes of collection avoidance B U Retention - Access to FISA acquired Information U The FBI may grant access to FISA acquired infonnation to all authorized personnel in accordance with policies established by the Director FBI in consultation with the Attorney General or a designee The policies regarding access will vary according to whether a particular storage system contains raw FISA acquired information will be consistent with the ACLU 16-CV-8936 RMB 000294 Approved for Public Release SEW foreign intelligence information-gathering and infolmation sharing responsibilities and shall include provisions 1 Permitting access to ISA-acquired information only by individuals who require access in order to perform their I ob duties or assist in a lawful and authorized governmental function 2 Requiring the FBI to maintain accurate records of all persons to whom it has granted access 3 Requiring the FBI to maintain accurate records of all persons who have accessed raw ISA-acquired information and to audit its access records regularly to ensure that raw FlSA acquired information is only accessed by authorized individuals including FBI personnel and the individuals referenced in Sections and VIA of these procedures 4 Requiring training on these procedures and the policies regarding access to raw ISA-acquired information and 5 Requiring the primary case agent s and his her their designees hereinafter case to control the marking of information in a particular case in accordance with FBI policy A marking for example would include an indication that the information is or is not foreign intelligence U The FBI shall provide such policies to the Court when these procedures go into effect Thereafter the FBI shall provide any new policies or materially modi ed policies to the Court on a semiannual basis U The FBI may make raw FlSA-acquired information available to authorized personnel on a continuing basis for review translation analysis and use in accordance with these procedures Authorized personnel may continue to access raw PISA acquired information ACLU RMB 000295 Approved for Public Release to determine whether it reasonably appears to be foreign intelligence information to be necessary to'understand foreign intelligence information or to assess its importance or to be evidence of a crime notwithstanding the fact that other FBI personnel previously may have reviewed such information and determined that it did not reasonably appear to be foreign intelligence information to be necessary to understand foreign intelligence information or to assess its importance or to be evidence of a crime at the time of such review 6 U With respect to information acquired pursuant to section 702 of the Act only those FBI personnel who have received training on the application of these Minimization Procedures Used by the Federal Bureau of Investigation in Connection with Acquisitions of Foreign Intelligence information Pursuant to Section 702 of the Foreign Intelligence Surveillance Act of 1978 as Amended may be designated as case coordinators All FBI personnel having access to information acquired pursuant to section 702 of the Act will be informed of and provided access to these minimization procedures C U Retention Review and Use of FISA acquired Information 1 U General Provisions II FBI personnel with authorized access to raw PISA acquired information may review translate analyze and use all such information only in accordance with these procedures and FISA and only for the purpose of determining whether it reasonably appears to be foreign intelligence information to be necessary to understand foreign intelligence information or to assess its importance or to be evidence of a crime Such personnel shall exercise reasonable judgment in making such determinations U FBI personnel with authorized access may cepy transcribe summarize review or analyze raw FISA aequired information only as necessary to evaluate whether it reasonably WW 8 ACLU 16-CV-8936 RMB 000296 Approved for Public Release appears to be foreign intelligence information to be necessary to understand foreign intelligence information or assess its importance or to be evidence of a crime Once FBI personnel have assessed that raw PISA-acquired information meets one of these criteria the FBI may retain that information for further investigation and analysis and may disseminate it in accordance with these procedures Pursuant to 50 U S C 1801 11 3 and 1821 however information that is assessed to be evidence of a crime but not to be foreign intelligence information or necessary to understand foreign intelligence information may only be retained and disseminated for law enforcement purposes The FBI shall identify PISA acquired information in its storage systems other than those used solely for link analysis of metadata that has been reviewed and meets these standards 2 If the FBI proposes to use any storage system that is incapable of meeting these requirements the FBI shall follow the procedures set forth in Section LE U Before using ISA acquired information for further investigation analysis or dissemination the FBI shall strike or substitute a characterization for information of or concerning a United States person including that person s identity if it does not reasonably appear to be foreign intelligence information to be necessary to understand or assess the importance of foreign intelligence information or to be evidence of a crime U The FBI may disseminate copies transcriptions summaries and other documents containing FISA-acquired information only in accordance with the dissemination procedures set forth in Section below U The FBI shall retain FISA acquired information that is not foreign intelligence information that has been reviewed and reasonably appears to be exculpatory or impeachment 2 U Alihough'the FBI'ii ea hot mar aetad'aa' as meetiag'aera mian standards or as having been esteemed the FBI must still assess whether the metadata meets the requirements for dissemination pursuant to Section prior to actually disseminating the information 9 ACLU 16-CV-8936 RMB 000297 Approved for Public Release 1 111 '1 material for a criminal proceeding or reasonably appears to be discoverable in a criminal proceeding and shall treat that information as if it were evidence of a crime 2 U Sensitive Information U Particular care should be taken when reviewing information that is sensitive information as de ned below No sensitive information may be used in an analysis or report such as an Electronic Communication unless it is rst determined that such information reasonably appears to be foreign intelligence information necessary to understand foreign intelligence information or assess its importance or evidence of a crime Information that reasonably appears to be foreign intelligence information necessary to understand foreign intelligence information or necessary to assess the importance of foreign intelligence information may be retained processed and disseminated in accordance with these procedures even if it is sensitive information Information that reasonably appears to be evidence of a crime may be retained processed and disseminated for law enforcement purposes in accordance with these procedures even if it is sensitive information Sensitive information consists of Religious activities of United States persons including consultations with clergy Educational and academic activities of United States persons including consultations among professors or other teachers and their students 0 Political activities of United States persons including discussions with Members of Congress and their staff and other elected of cials Activities ofUnited States persons involving the press and other media 6 Sexual and other highly personal activities of United States persons Medical or activities of United States persons and Matters pertaining to United States minor children including student requests for -- inf01mat10n to aid in academic -endeavor-s-- - - - ACLU 16-CV-8936 RMB 000298 Approved for Public Release 19 SEPTEMBER 2041 D U Retention Queries of Electronic and Data Storage Systems Containing Raw FISA-acquired Information Users who are authorized to have access to raw FISA-acquired information may query FBI electronic and data storage systems that contain raw ISA-acquired infonnation to nd extract review translate and assess whether such information reasonably appears to be foreign intelligence information to be necessary to understand foreign intelligence information or assess its importance or to be evidence of a crimethe extent reasonably feaSJble authorized users With access to raw FISA-acquired information must design such queries to nd and extract foreign intelligence information or evidence of a crime 3 Authorized users with access to raw ISA-acquired information may process the results of an appropriate query in accordance with Section above The FBI shall maintain records of all searches including search terms used by those with access to raw FISA-acquired information to query such systems For purposes of this section the term query does not include a user s search or query of an FBI electronic and data storage system that contains raw FISA-acquired information Where the user does not receive the raw PISA-acquired information in reSponse to the search or query either because the user has not been granted 3 U It is a routine and encouraged practice for the FBI to query databases containing lawfully acquired information including FISA acquired information in furtherance of the FBI's authorized intelligence and law enforcement activities such as assessments investigations and intelligence collection Section ILLD governs the conduct of such queries Examples of such queries include but are not limited to queries reasonably designed to identify foreign intelligence information or evidence of a crime related to an ongoing authorized investigation or reasonably concluded by in making an initial decisions Open an assessment concerning a threat to the national security the prevention of or protection against a Federal crime or the collection of foreign intelligence as authorized bythe Attorney General Guidelines Theseexamples are illustrative and neither expand nor restrict the scope of the queries authorized in the language above WW 1 1 ACLU 16-CV-8936 RMB 000299 Approved for Public Release SEW access to the raw FISAeacquired information 4 or because a user who has been granted such access has limited the query such that it cannot return raw PISA acquired infonnation U Users authorized to access FBI electronic and data storage systems that contain metadata may query such systems to nd extract and analyze metadata pertaining to communications The FBI may also use such metadata to analyze communications and may upload or transfer some or all such metadata to other FBI electronic and data storage systems for authorized foreign intelligence or law enforcement purposes For purposes of these procedures metadata is dialing routing addressing or signaling information associated with a conununication but does not include information concerning the substance purport or meaning of the communication E U Retention of Attorney-Client Communications U This section governs the retention of attorney-client communications The subparagraphs relating to attorney-client communications apply regardless of whether such communications are of or concerning U S persons FBI personnel shall consult as appropriate with FBI Division Counsel the FBI Of ce of General Counsel or the NSD to determine whether a communication is privileged b1 b3 b7e ACLU 16-CV-8936 RMB 000300 Approved for Public Release 1 U Target charged with a crime pursuant to the United States Code U As soon as the FBI knows that a target is charged with a crime pursuant to the United States Code the FBI sliall implement procedures that ensure that the target s attorney client privilege is protected These procedures shall include the following unless otherwise authorized by the NSD a Shirl-P Establishment of a review team of one or more monitors and or reviewers who have no role in the prosecution of the charged criminal matter to initially access 1 and review information or communications acquired of a target b3 b7e who is charged with a crime pursuant to the United States Codeb7e the FBI shall seal the original record or portion thereof containing that - privileged communication label it as containing privileged communications forward the original record containing the privileged communication to the NSD for sequestration with the FISC and destroy all other copies of the privileged communication that are accessible in hard cepy or ACLU 16-CV-8936 RMB 000301 Approved for Public Release SW electronically to anyone other than system administrators 01' similar technical personnelsoon as FBI personnel recognize that communications between the person under criminal charges and his attorney have been acquired b1 the FBI shall ensure that whenever any user reviews b3 information or communications acquired which are in an FBI b7e electronic and data storage system containing raw PISA acquired information that user receives electronic noti cation that attorney client communications have been acquired 14 ACLU 16-CV-8936 RMB 000302 Approved for Public Release SEW The purpose of the noti cation is to alert others who may review this b1 b3 infonnation that they may encounter privileged b7e 2 U Target changed with a non-Federal crime in the United States and persons other than a target charged with a crime in the United States U FBI monitors and other personnel with access to FISA-acquired information shall be alert for communications that may be between a target who is charged with a non-Federal crime in the United States and the attorney representing the individual in the criminal matter or ii between a person other than a target charged with a crime in the United States and the - attorney representing the individual in the criminal matter As soon as FBI personnel know that a target is charged with a non Federal crime in the United States or someone other than the target who appears to regularly use the targeted facility place premises or property is charged with a crime in the United States they will notify the Chief Division Counsel FBI Of ce of General Counsel and the NSD to determine Whether supplemental procedures or a separate monitoring team are required In the absence of such supplemental procedures or a separate monitoring team as soon as FBI personnel recognize that they have acquired a communication between a target who is charged with a non-Federal crime in the United States and the attorney representing the individual in the criminal matter or ii a person other than a target charged with a crime in the United States and the attorney representing the individual in the criminal matter the FBI shall implement procedures that include the followingACLU RMB 000303 Approved for Public Release I b1 b3 b7e the FBI will seal the original record or portion thereof containing that privileged communication label it as containing privileged cormnunications forward the original recording containing the privileged communication to the NSD for sequestration with the FISC and destroy all other copies of the privileged communication that are accessible in hard copy or electronically to anyone other than system administrators or similar technical personnel 8491111 As soon as FBI personnel recognize that communications between the person under criminal charges and his attorney have been acquired b1 b3 b7e SEW 1 6 ACLU 16-CV-8936 RMB 000304 Approved for Public Release the FBI shall ensure that Whenever any user reviews information or communications acquired which are in an FBI b1 b3 electronic and data storage system containing raw PISA-acquired information that user receives b7e electronic noti cation that attorney client communications have been acquired during the search or surveillance 7 The purpose of the noti cation is to alert others who may review this information that they may encounter privileged communications 3 U Privileged communications involving tmgets and other persons not charggi with a crime in the United Statesb7e Such communications shall not be disseminated to any other agency within the Intelligence Community without the approval of the FBI Of ce of the General Counsel or FBI Division Counsel Before any such dissemination the Of ce of the General Counsel or FBI Division Counsel and FBI personnel shall make reasonable efforts to 1 use other non-privileged sources including communications previously reviewed by the FBI personnel for any information in the privileged communication if available and 2 tailor the dissemination to minimize or eliminate the disclosure of an attorney client privileged 7 b1 b3 b7e SEW 17 ACLU 16-CV-8936 RMB 000305 Approved for Public Release WW communication consistent with the need to disseminate foreign intelligence information or evidence of a crime Before disseminating any attorney-client privileged communication that otherwise meets the standards for dissemination outside the United States Intelligence Community the FBI must obtain the approval of the Attorney General Deputy Attorney General or the Assistant Attorney General for National Security b1 b3 we All disseminations of privileged shall include language advising recipients that 1 the rep01t contains information that is subject to the attorney client privilege 2 the information is provided solely for intelligence or lead purposes and 3 the information may not be disseminated further or used in any trial hearing or other proceeding without express approval by the FBI The FBI may only grant such approval if authorized by the Attorney General Deputy Attorney General or the Assistant Attorney General for National Security 1 1 b3 b7e 18 ACLU 16-CV-8936 RMB 000306 Approved for Public Release F U Additional Procedures for Retention Use and Disclosure of FISA Information I l In the event that the FBI seeks to use any information acquired pursuant to section 702 during a time period when there is uncertainty about the location of the target of the acquisition because the -post-tasking checks described in section 702 b1 b3 targeting procedures were not functioning properly the FBI will follow its internal procedures b7e for determining whether such information may be used including but not limited to in FISA applications section 702 targeting and disseminations Except as necessary to assess location under this provisiondisclose any information acquired pursuant to I section 702' during such time period unless the FBI determines based on the totality of the circumstances that the target is reasonably believed to have been located outside the United States at the time the information was acquired If the FBI determines that the target is reasonably believed to have been located inside the United States at the time the information was acquired such information will not be used and will be destroyed 2 U Pursuant to 50 U S C 1806 b no information acquired pursuant to section 702 shall be disclosed for law enforcement purposes unless such disclosure is accompanied by a statement that such information or any information derived therefrom may only be used in a criminal proceeding with the advance authorization of the Attorney General When Attorney General authorization is acquired FISA-acquire'd information including raw FISA acquired information may be diaclosed for law enforcement purposes in eliminal proceedings 3 U The FBI shall ensure that identities of any persons including United States persons that reasonably appear to be foreign intelligence information to be necessary to understand foreign intelligence information or assess its importance or to be evidence of a crime are accessible when a search or query is conducted or made of PISA-acquired information 19 ACLU 16-CV-8936 RMB 000307 Approved for Public Release WW 4 U Prosecutors a U The FBI may disclose PISA-acquired information including raw PISA-acquired information and information derived therefrom to federal prosecutors and others I working at their direction for all lawful foreign intelligence and law enforcement purposes including in order to enable the prosecutors to determine whether the information 1 is evidence of a crime 2 contains'exculpatory or impeachment information or 3 is otherwise discoverable under the Constitution or applicable federal law When federal prosecutors and others working at their direction are provided access to raw PISA acquired information they shall be trained on and comply with these and all other applicable minimization procedures b U In accordance with applicable Attorney General approved policies and procedures federal prosecutors may also disclose FISA-acquired information when necessary for the prosecutors to carry out their responsibilities including to witnesses targets or subjects of an investigation or their respective counsel when the PISA-acquired information could-be foreign intelligence information or is evidence of a crime This provision does not restrict a federal prosecutor s ability in a criminal proceeding to disclose FISA-acquired information that contains exculpatory or impeachment information or is otherwise discoverable under the Constitution or applicable federal law c U The FBI may not provide federal prosecutors and others working at their direction with access to FBI electronic and data storage systems containing raw acquired information unless such access is for foreign intelligence or law enforcement purposes consistent with their responsibilities as federal prosecutors and pursuant to procedures established by the Attorney General and provided to the FISC The procedures established by the Attorney General and provided to the FISC shall include the following 20 ACLU 16-CV-8936 RMB 000308 ii Approved for Public Release iv U Access to the FBI electronic and data and storage systems containing raw FISA acquired information must be limited to that which is consistent with their responsibilities as federal prosecutors and necessary to carry out their responsibilities ef ciently during a speci c investigation or prosecution U Access must be requested from and approved by an executive at FBI Headquarters in a position no lower than Assistant Director AD and in coordination with the Deputy General Counsel of the FBI National Security Law Branch or a Senior Executive Service attorney in the National Security Law Branch and will be considered on a case by-case basis A request for access must specify to which FBI electronic and data and storage systems FISC docket numbers and or identi er of a certi cation executed by the DNI and Attorney General pursuant to section 702 of the Act 702 g Certi cation and targeted facilities the prosecutor needs I b access why such access is necessary and the duration of such - I 11 access U All individuals receiving authorization to have direct access must receive user training on the to which they seek access and training on the standard minimization procedures and any relevant supplemental minimization procedures applicable to the information to which they have access BMW 21 ACLU RMB 000309 Approved for Public Release SEW v U Access shall be terminated no later than the conclusion of the relevant investigation or prosecution and vi U Federal prosecutors may be given access to FBI electronic and data and storage systems containing raw PISA- acquired information if FBI personnel determine that an immediate threat to life or of serious damage to property necessitates immediate access and if such immediate access is given to federal prosecutors noti cation shall be made to FBI Headquarters Of ce of General Counsel and the NSD G U Time Limits for Retention U In general the FBI may retain PISA acquired information that reasonably appears to be foreign intelligence information to be necessary to understand foreign intelligence information or assess its importance or to be evidence of a crime 1 U The FBI is authorized to retain data in electronic and data storage systems other than those solely used for link analysis of rnetadata in accordance with the following a U PISA-acquired information that has been retained but not reviewed U FISA-acquired information that has been retained but never reviewed shall be destroyed ve years from the expiration date of the certi cation authorizing the collection unless an AD or one of his 01' her superiors determines that an extension is necessary because the communications are reasonably believed to contain signi cant foreign intelligence information or evidence of a crime that has been is being or is about to be committed An extension under this paragraph may apply to a and-must-bedocumented-in- -- -- writing renewed on an animal basis and reported to the NSD and ODNI 2 2 ACLU 16-CV-8936 RMB 000310 Approved for Public Release b U FISA ac_n_uired information that has been reviewed but not identi ed as meetingthe applicable standard ISA-acquired information that has been retained and reviewed but not identi ed as information that reasonably appears to be foreign intelligence to be necessary to understand foreign intelligence information or assess its importance or to be evidence of a crime may be retained and be fully accessible by authorized personnel for further review and analysis b for - from the expiration date of the certi cation authorizing the collection - 3 from the expiration date of the certi cation authorizing the collection access to such information contained in electronic and data storage systems will be limited to search capabilities that would produce notice to an authorized user that information responsive to a query exists Approval from arr-AD or designee is required to gain full access to this information 68% PISA-acquired information that has been retained and reviewed but not identi ed as information that reasonably appears to be foreign intelligence to be necessary to understand foreign intelligence information or assess its importance or to be evidence of a crime shall be destroyed - from the expiration date of the certi cation authorizing the collection unless speci c authority is obtained from an AD and the NSD to retain the material and the F180 approves anew retention period upon a nding that such modi cation is consistent with the applicable statutory de nition of minimization procedures b1 b3 b7e 23 ACLU 16-CV-8936 RMB 000311 SEW Approved for Public Release 3 Backup and evidence copies in FBI systems The FBI may retain on a system emergency backup or original evidence cepies of information provided that only system administrators or other technical personnel have access to such information No intelligence analysis may be performed in such systems nor may the data be accessed within such systems for the purpose of performing intelligence analysis In the event that such information must be used to restore lost destroyed or inaccessible data or to provide an original evidence copy the FBI shall apply these procedures including any applicable retention time limits to the transfen'ed data- 4 Information retained-in connection with litigation matters The FBI may temporarily retain speci c PISA-acquired information that would otherwise have to be em- 24 ACLU 16-CV-8936 RMB 000312 b7e Approved for Public Release 5 information Raw PISA acquired information that reasonably appears to be 01' to contain secret meaning may be maintained for any period of time during which such material is subject to or of use in or otherwise deciphering secret meaning Access to such information shall be restricted to those FBI personnel engaged in oryptanalysis or deciphering secret meaning Nonpublicly available information concerning unconsenting U S persons retained under this subsection may only be used for and 25 ACLU 16-CV-8936 RMB 000313 b1 b3 b7e Approved for Public Release SEW not for any other purpose unless the FBI determines that it may also be retained under a separate b1 b3 b7e 6 SW FISAracquired information retained by the FBI in any other form shall be destroyed in accordance with the Attorney General Guidelines and relevant National Archives and Records Administration procedures regarding the retention of information in FBI investigations IV U AD HOC DATABASES U Retention of Raw FISA-Acquired Information Outside of the Systems Described In Section U If FBI personnel who are engaged in a particular investigation are unable to fully and completely review or analyze raw PISA-acquired information in an electronic and data storage system described in Section of these procedures the FBI may utilize electronic repositories other than the electronic and data storage systems described in Section 111 ad hoc databases to review or analyze such information provided that FBI a retention of raw PISA-acquired I information in ad hoc databases occurs under appropriately secure conditions that limit access to such information to authorized personnel in accordance with the conditions set forth below All ISA-acquired information maintained in ad hoc databases is subject to the Dissemination and Disclosure provisions in Section and the Oversight provisions in Section VI The I subparagraphs relating to-attorney-client-privileged communications apply regardless of whether such communications are of or concerning U S persons Except as otherwise previded below 26 ACLU 16-CV-8936 RMB 000314 Approved for Public Release SEW all destruction requirements set forth in other sections of these procedures apply to any information maintained in an ad hoc database A U Restrictions Concerning Access to and Identification of FISA Acquircd Information in an Ad Hoc Database 1 U Access to raw FISA-acquired information contained in an ad hoc database shall be limited to those individuals who are engaged in the particular investigation and those individuals who are conducting or aiding in the assessment or analysis of that information as described in Section TV B 1 C or D below The FBI shall maintain a written or electronic record of employees who are granted access to the information while it is stored in an ad lroc database 2 U The FBI will identify FISA-acquired information in ad hoc databases in a manner that is suf cient to alert those who have access to the ad hoc database that it includes FISA acquired information B U Restrictions Concerning Retention of FISA Acquired Information in an Ad Hoc Database 1 U Raw PISA-acquired information concerning unconsenting U S persons may be placed in an ad hoc database in order to determine whether the information reasonably appears to be foreign intelligence information to be necessary to understand foreign intelligence information or assess its importance or to be evidence of a crime In addition any acquired U S Person information that reasonably appears to be foreign intelligence information to be necessary to understand foreign intelligence information or assess its importance or to be evidence of a crime may be retained in an ad hoc database FISA-acquired U S Person information in an ad hoc database that has been retained but not determined to be foreign intelligence information necessary to understand foreign intelligence information or assess its 27 ACLU RMB 000315 Approved for Public Release importance or evidence of a crime shall be destroyed no later than ve years from the expiration of the Certi cation authorizing the collection unless an AD or one of his superiors determines that an extension is necessary to further analyze the information pursuant to this subparagraph An extension under this subparagraph may apply to a speci c category of communications and must be documented in writing renewed on an annual basis and reported to the NSD and ODNI I 2 U The FBI will implement procedures regarding storage of FISA acquired information in an ad hoc database which will require the FBI to I maintain adequate records of all persons who have been granted access to PISA acquired information in an ad hoc database 2 track the PISA-acquired information in an ad 1100 database that has been determined to be foreign intelligence information necessary to understand foreign intelligence information or assess its importance or evidence of a crime and 3 maintain adequate records to ensure FBI can comply with the destruction requirement discussed in subparagraph B l of this section C U Retention of FISA Acquircd Information that is in an Ad Hoc Database U Raw PISA-acquired information that reasonably appears to be or to contain secret meaning may be maintained for any period of time during Which such material is subject to or of use in or otherwise deciphering secret meaning Nonpublicly available information concerning unconsenting U S persons retained under this subsection may only be used for and not for any other purpose unless the FBI determines that it may also be retained under a separate provision of these Procedures Once information is or the secret meaning is revealed the retention time periods described in Section 1V B shall be calculated as of-the-date of or discovery-of the secret later-than- the expiration of the certi cation pursuant to which the information 'was acquired SEW - 28 ACLU 18-CV-3936 RMB 000316 Approved for Public Release D U Analysis and Queries of Raw FISA-Acquired Information in an Ad Hoc Database Users who are authorized to have access to raw PISA-acquired information in an ad hoc database may analyze the data to find extract review translate and assess whether such information reasonably appears to be foreign intelligence information to be necessary to understand foreign intelligence information or assess its importance or to be evidence of a crime 3 The analytical techniques may include but are not limited to the use of b1 b3 determined necessary by the FBI for the analysis of the data FBI personnel mu st document the 1 73 analytical and technical processes or techniques used to analyze data in an ad hoc database Such documentation should reasonably identify the general nature of the mamter in which the analysis of the information was conducted and tools employed during the analysis If keyword searches are used to query data in an ad hoc database 'such queries must be designed to nd and extract foreign intelligence information or evidence of a crime The FBI shall maintain either a written or electronic record of such keyword searches b1 b3 b7e U Examples of such queries include but are not limited to queries reasonably designed to identify foreign intelligence information or evidence of a crime related to an ongoing authorized investigation or reasonably designedquerieseonducted by FBI personnel in makingan initial decision to open anassessment concerninga ttn'eat to the national security the prevention of or protection against a Federal crime or the collection of foreign intelligence as authorized by the Attorney General Guidelines heseexamples are illustrative and neither expand nor restrict the scope of the queries authorized in the language above SEW 29 ACLU 16-CV-8936 RMB 000317 Approved for Public Release E U Procedures for Retention of Attorney-Client Communications in an Ad Hoc Database 1 If FBI personnel discover attorney client privileged communications in an ad hoe database all such attorney client privileged communications from the relevant section 702 targeted facility mustimmediately be removed from the ad hoc database To the extent that the ad 1100 database is necessary to assess the remaining information acquired from the relevant section 702 targeted facility to determine bl b3 whether any of the information is attorney client privileged b7e the FBI may retain the infonnation in the ad hoc database for assessment by a review team until such determination has been made Any attorney-client privileged communications-- that are identi ed by the review team during this assessment will be removed from the ad 1100 database The review team will also notify anyone with access to the communications from the relevant section 702 targeted facility that attorney client privileged communications haVe been acquired and removed To the extent that the attorney client privileged communications from the relevant section 702 targeted facility are accessible in an electronic and data storage system that has the marking auditing and noti cation capabilities described in Section the FBI shall ensure it follows the provisions ACLU RMB 000318 Approved for Public Release b1 b3 b7e 3 U FBI personnel shall consult as appropriate with FBI Division Counsel the FBI Of ce of the General Counsel 01 NSD to determine whether a communication is privileged V U DISSEMINATION AND DISCLOSURE A U Dissemination of Foreign Intelligence Information to Federal State Local and Tribal Of cials and Agencies U The FBI may disseminate FISA acquired information that reasonably appears to be foreign intelligence information or is necessary to understand foreign intelligence information or assess its importance in accordance with Sections V A 1 and V A 2 to federal state local and tribal of cials and agencies with responsibilities relating to national security that require access to foreign intelligence information Such information may be disseminated only consistent with the need of the United States to obtain produce and disseminate foreign intelligence information 1 U Foreign Intelligence Information as defined in 50 U S- C 1801 e 1 U The FBI may disseminate to federal state local and tribal officials and agencies ISA acquired information concerning United States persons that reasonably appears to be necessary to the ability of the United States to protect against actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power ii sabotage ACLU RMB 000319 Approved for Public Release WW international terrorism or the international proliferation of weapons of mass destruction by a foreign power or an agent of a foreign power or clandestine intelligence activities by an intelligence service or network of a foreign power or by an agent of a foreign power 2 U Foreign Intelligence Information as de ned in 50 U S C 6 1801 e 2 U The FBI may disseminate to federal state local and tribal of cials and agencies FISA acquired information concerning United States persons that reasonably appears to be necessary to the national defense or the security of the United States or ii the conduct of the foreign affairs of the United States Such information shall not be disseminated however in a manner that identifies a United States person unless such person s identity is necessary to understand foreign intelligence information or to assess its importance B U Dissemination of Evidence of a Crime to Federal State Local and Tribal Officials and the National Center for Missing and Exploited Children U The FBI may disseminate for a law enforcement purpose PISA-acquired information concerning a United States person that reasonably appears to be evidence of a crime but not foreign intelligence information to federal state local and tribal law enforcement of cials and agencies The FBI may also disseminate for law enforcement purposes FISA- acquired information that reasonably appears to be evidence of a crime related to child exploitation material including child pornography to the National Center for Missing and Exploited Children N CMEC The FBI shall disseminate such PISA acquired information in a manner consistent with the requirements of Section C U Dissemination to Foreign Governments U The FBI may disseminate PISA-acquired information conceming United States - persons --which-reasonably -appears--to-be foreign- intel-Iigenceinformation is necessary-to -- - - - underSta'nd' foreign intelligence information or assess its importance or is evidenCe of a crime SEW-PW 32 ACLU 16-CV-8936 RMB 000320 SEW Approved for Public Release being disseminated fora law enforcement pumose to of cials of foreign governments as follows y n 33 ACLU RMB 000321 b7e Approved for Public Release 3 U The Attorney General in consultation with the DNI or a designee may authorize the use of infonnation acquired or derived from an authorization under section 702 in a criminal proceeding conducted by a foreign govermnent Prior to granting such authorization those of cials shall consider among other things 1 whether such use is consistent with the national security interests of the United States and 2 the effect of such use on any identi able United States person 4 U The FBI will make a written record of each dissemination approved pursuant to this section and information regarding such disseminations and approvals shall'be reported to the Attorney General or a designee on a quarterly basis D U Disclosure of Raw FISA-acquired Information for Technical or Linguistic Assistance The FBI may obtain information or communications that because of their technical er linguistic content may require nther analysis by other federal agencies collectively assisting federal agencies to assist the FBI in determining their meaning or significance Consistent with the other provisions of these procedures the FBI is authorized to disclose acquired infmmation to assisting federal agencies for further processing and analysis The FBI may also disclose for the purpose of obtaining technical or linguistic assistance FISA acquired information that reasonably appears to be evidence of a crime related to child exploitation material including child pornography to NCMEC for further processing and analysis The following restrictions apply with respect to any materials so disclosed 9 9 U The FBI will advise NCMEC of the need to comply with the restrictions described in Section V D with respect to information disclosed to NCMEC pursuant to this section 34 ACLU 16-CV-8936 RMB 000322 I Approved for Public Release WW 1 U Disclosure to assisting federal agencies and NCMEC will be solely for translation or analysis of such information or communications Assisting federal agencies and NCMEC will make no use of any information or any communication of or concerning any person except to provide technical or linguistic assistance to the FBI 2 U Disclosure will be only to those personnel within assisting federal agencies and NCMEC involved in the translation or analysis of such information or communications The number of such personnel shall be restricted to the extent reasonably feasible There shall be no further disclosure of this raw data within assisting federal agencies or NCMEC U Assisting federal agencies and NCMEC shall make no pennanent agency record of information or communications of or concerning any person referred to in FISA- acquired information provided that assisting federal agencies or NCMEC may maintain such temporary records as are necessary to enable them to assist the FBI with the translation or analysis of such information Records maintained by assisting federal agencies or NCMEC for this purpose may not be disclosed within the assisting federal agency or NCMEC except to personnel involved in providing technical assistance to the FBI 4 U Upon the conclusion of such technical assistance to the FBI the FISA- acquired information or information disclosed to assisting federal agencies and NCMEC will either be returned to the FBI or be destroyed with an accounting of such destruction made to the FBI I 5 U Any information that assisting federal agencies and NCMEC provide to the FBI as a result of such technical assistance may be disseminated by the FBI in accordance with the applicable minimization procedures 35 ACLU RMB 000323 Approved for Public Release E U Disclosure to the NSA CIA and NCTC With respect to any_ that the FBI acquires from an electronic communication service provider pursuant to section 702 of the Act the FBI may convey such communications to the NSA and CIA in unminimized form With respect to any that the FBI acquires from an electronic communication service provider pursuant to section 702 of the Act under_ 11 _ the We FBI may convey such communications to the NCTC in umninimizcd form The NSA CIA and NCTC shall handle any_ received from the FBI pursuant to these procedures in accordance with the NSA CLA and NCTC minimization procedures respectively adopted by the Attorney General in consultation with the DNI pursuant to section 702 c of the Act F U Dissemination of Foreign Intelligence Information for Terrorist Screening U In addition to dissemination authorized under other provisions herein foreign intelligence information as de ned in section 1801 e may be disseminated to federal state local territorial and tribal authorities foreign of cials and entities and private sector entities that have a substantial bearing on homeland security for the purposes of and in accordance with Homeland Security Presidential Directive 6 and the Memorandum of Understanding on the Integration and Use of Screening Information to Protect Against Terrorism and the addenda thereto G U Disclosure to NCTC of Information Acquired in Cases Related to Terrorism or Counterterrorism -- other disclosures permitted-in these procedures the FBI may provide - - to NCTC information in FBI general indices including the Automated Case Support ACS ACLU 16-CV-8936 RMB 000324 Approved for Public Release SW system Sentinel or any successor system provided that such access is limited to case classifications that are likely to contain information related to terrorism or counterterrorism receipt of information described in this section is contingent upon application of the NCTC section 702 minimization procedures approved by the FISC with respect to such information Nothing in this Section shall prohibit or otherwise limit authority under other provisions of these procedures to disseminate to information acquired pursuant to the Act and to which governing minimization procedures have been applied H U Dissemination to Private Entities and'Individuals of Foreign Intelligence Information or Evidence of a Crime Involving'Computer Intrusion Events U The FBI may disseminate PISA acuuired information that reasonably appears to be foreign intelligence information is necessary to understand foreign intelligence information or assess its importance or is evidence of a crime and that it reasonably believes may assist in the mitigation or prevention of computer intrusions or attacks to private entities or individuals that have been or are at risk of being victimized by such intrusions or attacks or to private entities or individuals such as Internet security companies and Internet Service Providers capable of providing assistance in mitigating or preventing such intrusions or attacks Wherever reasonably practicable such dissemination should not include United States person identifying information unless the FBI reasonably believes it is necessary to enable the recipient toassist in the mitigation or prevention of computer intrusions or attacks I U Dissemination to Private Entities and Individuals of Foreign Intelligence Information or Evidence of a Crime Involving a Matter of Serious Harm U The FBI may disseminate PISA acquired information that reasonably appears to be foreign intelligence information is necessary to understand foreign intelligence information or assess its impmtance or is evidence of a crime to a private individual or entity in situations ACLU 16-CV-8936 RMB 000325 -- Approved for Public Release SW where the FBI determines that said private individual or entity is capable of providing assistance in mitigating serious economic harm or serious physical harm to life or prepeity Wherever reasonably practicable such dissemination should not include United States person identifying information unless the FBI reasonably believes it is necessary to enable the recipient to assist in the mitigation or prevention of the harm The FBI will report to NSD all disseminations made pursuant to this paragraph within ten business days of such dissemination NSD will subsequently report to the FISC any disseminations made pursuant to this paragraph VI U COMPLIANCE A U Oversight U To ensure compliance with these procedures the Attorney General through the Assistant Attorney General for National Security or other designee shall implement policies and procedures that ensure the good faith compliance with all of the requirements set forth herein and shall conduct periodic minimization reviews including reviews at FBI Headquarters eld of ces and U S Attorney s Of ces that receive raw PISA acquired information pursuant to Section of these procedures The Attorney General and the NSD or other designee of the Attorney General shall have access to all FISA-aequired information to facilitate minimization reviews and for all other lawful purposes U To assess compliance with these procedures minimization reviews shall consist of reviews of documents communications audit trails or other information They shall include as appropriate but are not limited to 3 8 ACLU 16-CV-8936 RMB 000326 Approved for Public Release SEW 1 U Reviews of electronic communications or other documents containing FISA- acquired information that have been retained for further investigation and analysis or disseminated in accordance with these procedures 2 Reviews of FlSA acquired information in FBI electronic and data storage systems that contain raw FISA-acquired information to assess compliance with these procedures including whether raw FISA-acquired communications or have been properly marked as information that reasonably appears to be foreign intelligence information to be necessary to understand foreign intelligence infonnation or to assess its importance or to be evidence of a crime ISA acquired communications and property in FBI electronic and data storage systems that contain raw PISA-acquired infonnation may also be reviewed to determine b1 whethe1 they W616 b3 b7e 3 U Audits of queries in FBI electronic and data storage systems containing raw ISA-acquired information to assess the compliance with the retention procedures for PISA-acquired information as detailed in Section of these procedures The audits may also include reviewing a sampling of logs or other records that list FBI and agents and their queries and accesses in FBI electronic and data storage systems containing raw ISA-acquired information These audits may assist in determining the PISA-acquired information that was accessed in these FBI electronic and data storage systems and the individuals who accessed the information In turn the minimization reviews may include verifying that the individuals who accessed the FISA-acquircd information in these FBI systems were individuals who had properly been given access under FBI guidelines SEW 39 ACLU ie-cv asse RMB 000327 Approved for Public Release B U Training U The Attorney General or a designee shall ensure that adequate training 011 these procedures be provided to appropriate personnel VII U INTERPRETATION U The FBI shall refer all signi cant questions relating to the interpretation of these Procedures to the NSD 3E9 2l Loretta E Date Attorney General of the U111 States 40 ACLU 16-CV-8936 RMB 000328                     National Security Archive    Suite 701  Gelman Library  The George Washington University    2130 H Street  NW  Washington  D C  20037    Phone  202 994‐7000  Fax  202 994‐7005  nsarchiv@gwu edu