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(5) the communication or information indicates that the United
States person may be the target of intelligence activities of a foreign power.
(6) the communication or information indicates that the United
States person is engaged in the unauthorized disclosure of classified national security information, but only after the agency that
originated the information certifies that it is properly classified.
(7) the communication of information indicates that the United
States person may be engaging in international terrorist activities.
(8) the interception of the United States person’s communication
was authorized by a court order issued pursuant to Section 105 of
the Act and the communication may relate to the foreign intelli-
gence purpose of the surveillance.
(9) the communication or information is evidence that a crime
has been, is being, or is about to be committed provided that dissemination is for law enforcement purposes, e.g., the communication or information indicates a possible threat to the life or physical safety of any person.
(b) A report based on a communication of, or information concerning, an unconsenting United States person that is not publicly
available may be disseminated without regard to the limitations in
(a) above if the identity of the United States person is deleted and
a generic term or symbol is substituted so that the information in
the context of the communication cannot reasonably be connected
with an identifiable United States person.
(c) Reports based on the communications of, or containing information concerning, an identified unconsenting United States
person may only be disseminated to a recipient requiring the identity of such person in the performance of official duties.
(d) Upon recognition that a radio communication to which all
parties are in the United States has been unintentionally acquired
under circumstances in which a person has a reasonable expectation of privacy and a warrant would be required for law enforcement
purposes,
such
comunication
shall
be
destroyed
promptly
unless the Attorney General determines that the contents indicate
a threat of death or serious bodily harm to any person.
Sec. 6. Special Minimization for Certifications
Notwithstanding any other provision of these procedures if, in
the course of surveillance conducted pursuant to an Attorney General certification issued in accordance with the provisions of Sec.
102(a) of the Act, NSA acquires the contents of any communication
to which a United States person is a party, the communication
shall not be disclosed, disseminated, or used for any purpose or re-
tained for longer than twenty-four hours after recognition unless a
court order is obtained or unless the Attorney General determines
that the information indicates a threat of death or serious bodily
harm to any person.
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