Date: April 20, 2009 To: Karen Miller, National Security Law Branch

DATE: 11-02-2010
CLASSIFIED HY 65179DNH/mjs
REASON: 1.4 (c)
DECLASSIFY OM: 11-02-2035
Date: April 20, 2009
To: Karen Miller, National Security Law Branch
ALL INFORMATION CONTAINED
HEREIN IS UNCLASSIFIED EXCE
WHERE SHOWN OTHERWISE
From; Office of Intelligence Section 702 Oversight Team
Re: Minimization Reviews of FBI FISA Amendment Act (FAA) Collection
As you know, the Office of Intelligence (01) has begun discussions with
the Office of the Director of National Intelligence (ODNI) regarding the nature
\and scope of future reviews of FBI's minimization of Section 702-acquired data.
Itis our belief at this time that such reviews will be modeled upon our existing
minimization oversight program regarding other FISA-acquired data. As such,
ommunications
we anticipate future reviews would involve examining inj
marked as meeting the foreign intelligence standard with the case coordinator.
Such reviews would also examine the actual disseminations of Section 702acquired data (ECs, Ms, etc.). Access and query audits would be conducted. In
addition, the.Section 702 minimization reviews will need to examine compliance
with the minimization rules particular to Section 702 collections, specifically
those requiring the Government to cease collection and (to the extent required by
the minimization procedures) purge collected data when a target proves to be a
United States persort-or was located within the United States at the time the
intercept was collected.
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In anticipation of our meeting tomorrow, 01 is sending in advance the
'following questions which we would like to discuss, each of which we believe is
relevant to establishing the parameters of future Section 702 minimization
overiigttt reviews. We anticipate that ODNI will also have additional/further
question.
Ixr General
o Does the FBI have a set of standard operating procedures for
implementing the minimization procedures in place?
Data-Collection- and-Retention
* Does FBI have any estimate as to the anticipated volume of Section 702
data being intercepted?
• Does FBI have any estimate as to the anticipated volume of Section 702
data that will be marked/disseminated?
FAA-747
102
137E
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* Precisely, how will data be
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and-Markin of Data
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atinformation will be included
regarding the requirement to notify a case coordinator if the target of the
communication appears to be a United States person or located in the
United States at the time the communication was acquired?
Cease Collection/Purge Procedures
® In cases where a target later proves to be a U.S. person or located within
the U.S. at the time of acquisition, what procedures will be followed in
order to ensure that the appropriate data collected on that tan'-et is nurcrPd?
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Will there be a record of purged data (and an indication as to whether
purge orders were carried out)?
Training* What training does FBI plan to give its case coordinators?
• What training does FBI plan to give its case agents?
• For both of the above, what is the time frame for this training?
( U) ----- --Future-Reviewso Scheduling/Frequency of Reviews
FAA-748
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