Surveillance Oversight Database

Approved For Release 2008/09/15 : CIA-RDP86B00338R000200330014-1
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ligence information or are evidence of a crime which has been, is
being, or is about to be committed, and shall be recorded in the
Electronic Surveillance Index pursuant to Title 18, United States
Code, § 3504 if it meets established indexing criteria for the index.

(&) Transcription, Duplication and Other Records
Communications . . . of or concerning United States persons may
be transcribed or duplicated, and reports made of their contents
only for authorized foreign intelligence, foreign counterintelligence,
counter-sabotage and international terrorism, or law enforcement
purposes.
(©) Foreign Intelligence Information
Intercepted communications . . . of or concerning United States
persons which contain foreign intelligence information as defined
in §1 may be used only in foreign counterintelligence investigations or for other authorized foreign intelligence or counter-sabotage or international terrorism purposes. Foreign intelligence information which is also evidence of a crime which has been, is being,
or

is about

below.

to be

committed

may

be

used

as

provided

in

§4(d)

(d) Evidence of Crime Not Otherwise Foreign Intelligence In-

formation

Intercepted communications . . . of or concerning United States
persons, that is acquired incidental to the collection of foreign intelligence information and contains information that is evidence of

a crime which has been, is being, or is about to be committed, but
which is not otherwise foreign intelligence information, may be retained or used only for the purposes of preventing the crime or enforcing the criminal law.
(e) Controlled Access

Strict controls shall be placed on the storage

intercepted

communications

of or

concerning

and

United

retrieval of
States

per-

sons. Use shall be restricted to those FBI supervisory, investigative,
and clerical personnel who have a need to know such information
to fulfill foreign intelligence or law enforcement responsibilities.

(P Destruction of Tapes
Tape recordings and duplicate tapes of communications of or concerning United States persons shall be destroyed within a reasonable period of time following their authorized retention and use as
provided above, except that:
(1) tapes containing evidence of a criminal offense will be retained until a decision is rendered by prosecutive authorities. If it
is decided to prosecute, tapes will be retained until the end of the
prosecution process;

(2) tapes containing communications that reasonably appear to
be exculpatory (‘Brady’) material shall be retained as if they contained evidence of a crime;

(3) tapes containing privileged communications will be retained
until ordered to be destroyed by the Department of Justice; and

Approved For Release 2008/09/15 : CIA-RDP86B00338R000200330014-1