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(2) procedures that require that nonpublicly available in-
formation, which is not foreign intelligence information, as
defined in subsection (e\1), shall not be disseminated in a
manner that identifies any United States person, without
such person’s consent, unless such person’s identity is necessary to understand foreign intelligence information or
access its importance;
(8) notwithstanding paragraphs (1) and (2), procedures
that allow for the retention and dissemination of informa-
tion that is evidence of a crime which has been, is being,
or is about to be committed and that is to be retained or
disseminated for law enforcement purposes; and
(4) notwithstanding paragraphs (1), (2), and (8), with respect to any electronic surveillance approved pursuant to
section 102(a), procedures that require that no contents of
any communication to which a United States person is a
party shall be disclosed, disseminated, or used for any purpose or retained for longer than twenty-four hours unless
a court order under section 105 is obtained or unless the
Attorney General determines that the information indicates a threat of death or serious bodily harm to any
person.
Because these procedures are such a significant element in the
production afforded by FISA, effective oversight of the minimization process is crucial.”
The primary responsibility for conducting such oversight rests
with those agencies conducting surveillances (the NSA and the
FBD and with the Department of Justice.
Policies and procedures in effect at NSA require that all persons
handling materials subject to FISA minimization procedures be
properly trained in those procedures. Minimization procedures are
taught in NSA training courses and stressed in on-the-job training.
Individual responsibility of NSA employees for compliance with the
procedures is set forth in appropriate NSA regulations and reinforced by periodic reminders issued by the Office of Personnel. Employees responsible for implementing procedures unique to FISA
operations are provided special training tailored to those procedures prior to being granted access to the collected materials. The
training is conducted in part by the Office of General Counsel,
which also provides guidance and assistance in implementing FISA
operations. The Inspector General’s Office conducts periodic inspections of those NSA elements which conduct FISA operations. The
inspection focuses on awareness of and compliance with minimization procedures.
NSA’s collection activities are directed at information concerning
the capabilities, intentions, and activities of foreign governments.
Therefore, in many cases, incidentally acquired information about
U.S. persons has no relevance to NSA’s mission. When information
is relevant to foreign intelligence collection, NSA’s procedures are
very restrictive. As a practical matter, they can be applied and ob7See
ligence
generally, H. Schwartz, “Oversight of Minimization Compliance Under the Foreign IntelSurveillance Act: How the Watchdogs Are Doing Their Jobs”, 12 Rutgers L.J. 405 (1981).
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