Approved For Release 2008/09/15 : CIA-RDP86B00338R000200330014-1
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States persons outside the. authorized scope of the surveillance or
information concerning United States persons not related to the
purpose of the surveillance. Personnel will discard inadvertently
acquired communications of, or information concerning, United
States persons at the earliest practicable point in the processing
cycle at which such communication or information can, be identified as clearly not relevent to the authorized purpose of the surveilance.
Any such communication or information acquired in the course
of an authorized surveillance may be retained and disseminated
only in accordance with Sections 4 and 5 of these procedures.
Sec. 4. Retention.
Communications of, or information concerning, United States
persons intercepted by the National Security Agency in the course
of an electronic surveillance subject to these procedures may be retained in the original form or as transcribed only:
a
.
(b) if dissemination of such communications without elimination
of references to such United States persons would be permitted
under Section 5 below.
(c) if it contains information that is evidence of a crime that has
been, is being, or is about to be committed and is retained to
permit dissemination to the appropriate law enforcement authorities.
Sec. 5. Dissemination
(a) Dissemination of intelligence reports based on communications of, or which contain information concerning, an identified unconsenting United States person may only be made if one of the
following criteria is met:
(1) the information is available publicly.
(2) the identity of the United States person is necessary to under-
stand foreign intelligence information or assess its importance, e.g.,
the identity of a senior official in the Executive Branch.
(3) the communication or information indicates that the United
States person may be an agent of a foreign power.
(4) the communication or information which is being disseminated indicates that the United States may be:
Feric a foreign power as defined in Section 101(a) (4) or (6) of the
ct;
(B) residing outside the United States and holding an official position in the government or military forces of a foreign-power such
that information about his activities would constitute foreign inteligence;
(C) a corporation or other entity that is owned or controlled directly or indirectly by a foreign power;* or
(D) acting in collaboration with an intelligence or security service
of a foreign power and the United States person has, or has had,
access to information or material classified by the United States;
* The identity of a United States person in this context is deemed to meet the statutory standard of “necessary to understand or assess” the importance of foreign intelligence information.
Approved For Release 2008/09/15 : CIA-RDP86B00338R000200330014-1