(Rev 01-31-2003

)

SEC

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FEDERAL BUREAU OF INVESTIGATION

Precedence: To:

ROUTINE Attn:

Date: 10/20/2006 CDq Internal Investigative Section Attn: [Room 11865

Inspection b2 b7E b6 b7C From: General Counsel
N a t i o n a l ficpirihv T.aw

Attn:

P-rraw-Vil

Contact: Approved By: Drafted By:

ALL INFORMATION CONTAINED HEREIN 15 UNCLASSIFIED EXCEPT WHERE SHOIW OTHERWISE DATE: 05-30-2007 CLASSIFIED BY 65179/DHH/KSR/RW REASON: 1.4 (c) DECLASSIFY OH: 05-30-2032

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(U)

Case ID # : y ^ Title: (U)

278-HQ-C1229736-VTO — 1 $ % £ Intelligence Oversight Board (IOB) Matter 2006] | b2

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Synopsis: ^ S ^ It is the opinion of the Office of the General Counsel (OGC) that the above referenced matter need not be reported to the Intelligence Oversight Board (IOB). Our analysis follows.

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Derivi Decla

"On:

016 fior^i i 6 0 2 (Pending) (Pending)

R e f e r e n c e : ^^C (S) bl

278-HO-C12297Tfi-VTr>

Administrative: (U) This communication contains one or more footnotes. To read the footnotes, download and print the document in Corel WordPerfect. () U
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Details: t ^ By pipr*i-T-on,jc { i n i - r a - i > i f e i Aat-arl a i p a - 23, 2006 and ynmni?i-rT i r ifit referenced above, the£ •--'-•-" • •• ___| Division | j reported to the OGC's National Security Law Branch (NSLB) and the Inspection Division this potential IOB matter.

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OIG/DOJ REVIEW:

FBI INVESTIGATE
OIG/DOJI INVESTIGATION:
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To: C o u n t e r t e r r o r i s m From: G e n e r a l Counsel (C) Re: X ^ ) 278-HQ-C1229736-VIO, 10/20/2006
BACKGROUND

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Security Letter" (NSL) to the provider in order to obtain subscriber information and toll records fnr fho •«»- iHant-ifinH telephone numbers -•<» for the period of JDivision repeiwH the results of the OS) L I " - a reviewing the ~ NSL •(C) :ordj J learned that one of the tele(S)ae numbers in record tnj questi* 'was subscribed by two separate jnd-i vidua ia Hur^r, « v c -. 1 requested period of coverage I bl b2 b7E b6 b7C

|did not provide any toll information outside the period requested in t,«, !JSL.

(S)
ANALYSIS Jr&l As required by Executive Order (E.O.) 12863 (Sept. 13, 1993) and Section 2-56 of the National Foreign Intelligence Program Manual (NFIPM), OGC was tasked to determine whether the errors described here are matters that should be reported to the IOB. We believe that the reported activity does not require IOB notification. (U) Section 2.4 of E.O. 12863 mandates that the heads of Intelligence Community components report all information to the IOB that it deems necessary to carry out its responsibilities. That section requires Inspectors General and General Counsel of the Intelligence Community to report "intelligence activities that they have reason to believe.may be unlawful or contrary to Executive order or Presidential directive." This language has been interpreted to mandate the reporting of any violation of guidelines or regulations approved by the Attorney General, in accordance with E.O. -12333, if

SEC

SECM/ (Hi Re:
To: O terterrorism Prom: General Counsel 278-HQ-C1229736-VI0, 10/20/2006

such provision was designed in full or in part to protect the individual rights of a United States person. This includes violations of agency procedures issued under E.O. 12333, unless they involve purely administrative matters.1 For the FBI, OGC submits reports to the IOB.2 <> U

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J NSIG (Introduction) (£ ) at 4. Section 2-56 of the NFIPM identifies as reportable to the IOB unauthorized investigations, the use of unlawful methods and techniques, exceeding the authorized scope of permitted activities, and failing to adhere to minimization requirements.3 sought information ?S9 In this instance, relating to two telephone numhAT-g that- MPTO hfl i aired to be subscribed J The provider to by the subject responded by submli_ Lilly Subscriber intormation outside the scope of the request for one of the telephone nnmharH The information ""'" ~-.. iei """ --.. provided indicated that | I the subscriber of one of l"' the telephone numbers was the target of a duly authorized

7

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(S) (U>
_t5 See EC from Inspection Division to All Divisions; Title: js Revised Procedures for the Submission of Reports of Potential Intelligence Oversight Board (IOB) Matters, Case ID # 66F-HQ-A1247863 Serial 172 at 5-6 (2/10/2005). The FBI is required to maintain for three years records of administrative violations, for possible review by the Counsel to the IOB, together with a copy of the opinion concerning the basis for the determination that IOB notification was not required. Id. at 6.
?
3 1

(U)

\^) See M ^ at 4.

^SJt^See also id. at 5, identifying reportable matters as including: (1) activities believed to be unlawful or contrary to Executive Orders or Presidential directives: 121 a n a n e r f p f l - " ~1 •=•*•* " f p of the Constitution: ( » ^ —
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(5) initiating a form of -eiuuLiuiuu yiifveillance or a search without authorization from the FISC, or failing to terminate an authorized surveillance at the time prescribed by the Court; and (6) failing to adhere to the minimization or dissemination requirements specified in a .FISC Order. SElSKEl

SECRET , . To: Counterterrorism From: General Counsel -, R^r ^ 278-HQ-C1229736-VIO, 10/20/20uT
b6 b7C bl

(5) ,», (3f

investigation. A legitimately issued NSL resulted in obtaining information that indicated that the target of the investigation, f " I had indeed been the subscriber of one of the telephone numbersI \ The information obtained falls within\ /as described in the NSIG and thus, need not be reported to the IOB pursuant to E.O.
12863.

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T o : C o u n t e r t e r r o r i s m From: G e n e r a l C o u n s e l R e : yg^ 278-HQ-C1229736-VIO, 1 0 / 2 0 / 2 0 0 6 LEAD(s) :

Set Lead 1:

(Discretionary

b2 b7E

AT (U) For review and action deemed appropriate. Set Lead 2: (Discretionary)

COUNTERTERRORISM AT ITOS II (U) Set Lead 3: For review and action deemed appropriate. (Action)

INSPECTION AT WASHINGTON. DC (U) As provided in the Revised Procedures for the Submission of Reports of Potential Intelligence Oversight Board (IOB) Matters, retain a record of the report of a potential IOB matter for three years for possible review by the Counsel to the IOB, together with a copy of the OGC opinion concerning the basis for the determination that IOB notification is not required. ••

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(Rev.°l-3l.; 2003)

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ALL IHFORHATION COHTAIHED HEREIH IS UNCLASSIFIED DATE 05-30-2007 BY 65179/DHH/KSR/R13 r i

ed

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BEST COPY AVAILABLE

IG - INVESTIGATIONS DIVISION e c e i v e d By: SUBJECT: ? l t l e : SA Component: FBI
llSC:

Complaint Form Date R e c e i v e d :

OIG NO. 12/19/2006

689-2007-002668-M How R e c e i v e d :

Pay Plan:] EOD D a t e :

iome: Phone: I) liOTk: , ,

ZL
ZIP: Pay Plan: EOD Date: "ZTF:

1 1

SSNO: D.O.B.: Alien No.: F.B.I.No.: B.O.P.No.: D/L No.: Offenses: 689

3
b6 b7C "b2

Phone:

(202)

COMPLAINANT: Title: ATTY Component: FBI
MlSC: I

Home: I Phone: () Work: , , Phone: (202) Confidential:

SSNO D.O.B. Alien No. F.B.I.No. B.O.P.No. D/L No. Authority: none

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ZIP: Revealed:

(S)

Details: 'he FBI provided information regarding a potential IOB matter (2006 ~\ issued information and toll records for

-c I rNSL to a telecommunications provider to obtain subscriber
two telephone numbers.

Jdetermined that one of the telephone Upon reviewing the requested information,[_ numbers was subscribed to by two separate individuals during the requested period of coverage. FBI/OGC determined that this matter does not need to be reported to the IOB.
8.9 TOR Violation ALLEGATIONS: 68,9 IOB ' Occurrence Date_j__^ 12006 Occuri CITY:

b2 b7E bl

TIME State

DISPOSITION DATA:

Disposition: M

Date:

c

Zip: Approval: POWELL, GLENN G

12/19/2006 01/30/2007

V
Referred to Agency: FBI Patriot Act: N Sensitive: N Remarks: P r e d i c a t i n g m a t e r i a l c o n t a i n s c l a s s i f i e d i n f o r m a t i o n which w i l l b e m a i n t a i n e d i n a s e c u r e c o n t a i n e r a t OIG/INV. ( s t p ) 1 / 3 1 / 0 7 : Sent t o K a i s e r / F B I . (stp) DATE: 06-23-2007 _FBI INFO. CLASSIFIED BY 65179/dmh/ksr/cak REASON: 1.4 (c) DECLASSIFY OH: 06-23-2032 Date Sent: Component: FBI Civil Riqhts: N Whistleblower: N Component Number: 263-0-U-598 Consolidated Case Number:

Page 1 ot l

Printed 01/30/2007

12:04:03

FD-%2 (Rev. 03-21-2005)

SECT^T//20310922

BUREAU OF INVESTIGATION
'i

Precedence: To:

ROUTINE Attn: Attn:
Attn:

Date:

09/22/2006

Inspection General Counsel

IIS, Room 11861 NSLB, Room 7975
ASAC CDC

b2 b7E b6 b7C

From: CI-1

Contact Approved By Drafted By:
<U)

ALL INFORMATION C0HTAIHED HEREIH 15 UNCLASSIFIED EXCEPT WHERE SHOOT OTHERWISE

Case I D # : Title:
b6 b7C

(U)

DATE: 05-31-2007 CLASSIFIED BY 65179/DHH/KSR/RW REAS01I: 1.4 ( c , d ) DECLASSIFY OH: 05-31-2032

SSA SSA INTELLItllLlMLh UVHKS1UHT BOARD (IOB) ERROR

ffl)Synopsis:(^j
(U) Details: (S) (S)
m

To report possible IOB error.
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1 2,

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3.

P o s s i b l e IOB E r r o r :
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of I0B

Error (including any reporting

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//20310922

SEO$_4//20310922 (> U To : Re Inspection From: \_ insp ] 278-HQ-C1229736-VIO, 09/22/2006
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J was prepared and approved in accordance with the Attorney General Guidelines. The NST, was served by| I Office and nn I ^___~^ \ provided the results of the NSL t Field Office.

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(S)

A review of the results of the NSL revealed thatf

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I was not requested by the fc'Hl. This information was not utilized by the case agent in any analysis nor was it documented in the case file.

SECRET/7*$310922 IET7)^31

SECR^£//20310922 To: Inspection From: __

Re: ^ f LEAD(s) :

278-HQ-C1229736-VIO, 09/22/2006

Set Lead 1:

(Action)

INSPECTION AT WASHINGTON. DC (U) Set Lead 2: For action deemed appropriate. (Action)

GENERAL COUNSEL AT WASHINGTON. DC (U) •• For action deemed appropriate.

SEck^//20310922

(Rev 01 -31-2003J

SEC9ET

FEDERAL BUREAU O F INVESTIGATION
Precedence: To Counterintelligence Inspection
b6 b7C b2 b7E

ROUTINE Attn: Attn: Attn: ASAq CDC

Date:

12/15/2006

CD- IB.

ssd
IIS, Room 11861 From: Offlice of the General Counsel NSLB/CILU/Room 7947 / Contact: AGC Approved By: Drafted By:
(U) (U)

Thnm a a .T„i . . J i n

j
DATE: 05-31-2007 CLASSIFIED EY 65179/DHH/KSR/RW REAS0H: 1.4 ( c , d )

Case ID #: (\
Title,

DECLASSIFY OH: 05-31-2032

278-HQ-C1229736-VIO ( P e n d i n g ) 62F] [A89455-IOB ( C l o s e d ) — < ^ INTELLIGENCE OVERSIGHT BOARD MATTER 200^]
b2

" " ^ " l " T ^ t ^ f i ; h - h e ° Pini ° n ° f t h e 0 £ £ i c e ° f the General

(U)
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Reference:
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(U) (U)

ALL IHFGRHATI0H C0HTAIHED HEREIN IS UNCLASSIFIED EXCEPT WHERE SHOOT OTHERWISE

62F| I-A89455 Serial 4 278-HQ-C1229736-VIO Serial 1709

^LLf? i?L ^ r e f e r e n c e d e l e c t r o n i c i-.i_'iiuiium.c_it.xon (EC) from _-.wi4j.i_ communicati in file 278-HQ-C1229736, dated 09/22/2006, requested that OGC review the facts of the captioned matter and determine whether it warrants reporting to the IOB. In our opinion, it does not. Our analysis follows.

/

SEOTET
b6 b7C

FBUNVESTfCAT/l OKVDOJINVESTIGATlF

b2 b7E

TO: Re;

O f f i c e of t h e G e n e r a l From: 278-HQ-C1229736-VIO, 1 2 / 1 5 / 2 0 0 6

Counsel

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bl b6 b7C b2 b7E

]a E l e c t r o n i c Communication P r i vacv v (S) [ not- fBPP^' ^^4--i nri ai S e c u r i t y L e t t e r (N5L) [

IS)

(S)
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_ Tne Nail was properly prepared and served in accordance witnttieSltornev General Guidelines-,- I I "~ ~" I forwarded responsive records to Field Office.

ri

J

(X) Among the responsive records, however.I Office foundT

J Field

b2 b7E

information outyiUe the scope or the information sought by the NSL and triggered this inquiry. Upon discovering the apparent error, the case agent took note that the information was never utilized by the FBI in any way, nor was it included or documented in the case file. (U) Section 2.4 of Executive Order (E.O.) 12863, dated 09/13/1993, mandates that Inspectors General and General Counsels of the Intelligence Community components (in the FBI, the Assistant Director, INSD, and the General Counsel, OGC, respectively) report to the IOB "concerning intelligence activities that they have reason to believe may be unlawful or contrary to Executive order or Presidential directive." This language was adopted verbatim from E.O. 12334, dated 12/04/1981, when the IOB was known as the President's Intelligence Oversight Board (PIOB). By longstanding agreement between the FBI and the IOB (and its predecessor, the PIOB), this language has been interpreted to mandate the reporting of any violation of a provision of the NSIG, or other guidelines or regulations approved by the Attorney General in accordance with E.O. 12333, dated 12/04/1981, if such provision was designed in full or in part to ensure the protection of the individual rights of U.S. persons. (S) Here, an error on the part resulted in the unintentional acquisition of information outside the scope of SE

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b2 b7E

SEbRStf? To: Re: From: Office of the General 278-HQ-C1229736-VIO, 12/15/2006
Counsel

(S)
b7D bl b2 b7E

the NSL. Tt- ghnniH inp noted that the FBI's actions after receiviriql I overbroad rpsnonsp to the NSL were ( S ) commendable. Upon learning that had provided information beyond the scope of the N S L , the eld Office took steps to ensure that the information w a s not disseminated and requested legal guidance.

a

() U

b2 b7E

*&) Examination of the record reveals no evidence of unlawful actions by the FBI or actions contrary to Executive O r d e r or Presidential Directive. Accordingly, we opine that this incident is not reportable to the IOB. B y this EC, we request that t h e j | Field Office sequester and destroy any remaining record o f the two email transactions giving rise to this inquiry. Inspection is hereby requested to maintain a copy of this record in the event that it is requested b y the Counsel to the IOB.

SEfcSffiT

3985^ SE To: _ _ _ _ ^ _ _ From: Office of the General Counsel Re: 278-HQ-C1229736-VIO, 12/15/2006
b2 b7E

LEAD(s) : Set Lead 1: (Info)

AT (U) For information. Set Lead 2: (Info)

COUNTERINTELLIGENCE AT WASHINGTON. DC (U) Set Lead 3: For information. (Info)

INSPECTION AT WASHINGTON. DC (U) CC:
b6 b7C Ms.

For information.

Thnmaa

lOB Li Library ••

*

{Rev. 01-31-2003)

FEDERAL BUREAU OF INVESTIGATION
Date: Attn: NSLB Rnnm Ttyi 01/11/2007

Precedence: To:

ROUTINE

General Counsel

From:

Inspection Internal Investigations SectionContac t: CRS f Miller David Iafra^p*^ "&f\
| \

TPTT.

Approved By:
Drafted By:

ALL INFORMATION CONTAINED HEREIN IS UNCLASSIFIED DATE 05-30-2007 BY 65179/DHH/KSR/RN

Case ID #: Title: (U)

(U) 278-HQ-C1229736-VIO

(Pending)

INTELLIGENCE OVERSIGHT BOARD MATTER INSD/IIS TRACKING# 2 93 0 OGC/lOB# 2 007-1 b2

Synopsis: (U) To report a potential Intelligence Oversight Board (IOB) matter to the Office of General Counsel, National Security Law Branch (NSLB). Reference: (U) 278-HQ-C1229736-VIO Serial 1709 278-HQ-C1229736-VIO Serial 1913

b2 b7E

Details: (U) The Internal Investigations Section (IIS) received an EC from] I Division dated 09/22/2006, reporting a possible IOB error. Based upon a review of the referenced EC it is the IIS's opinion the incident described therein is administrative in nature. Therefore, no internal investigation will be conducted by the IIS and this matter is being relegated to the NSLB for whatever action they deem appropriate.

••

(Rev. 01-31-2003)

SEgftOT/720320124

FEDERAL BUREAU OF INVESTIGATION
Precedence: To:
b2 b7E b6 b7C

ROUTINE Attn:

Date:

01/24/2007

SAC (Personal Attention) .1 4

From:

Inspection Internal Investigations Section. IPU. Ro Contact: CRS Miller David Ian

Approved By: Drafted By:
/

WT

DECLASSIFIED BY 65179/DHH/KSR/RW OH 05-30-2007

Case ID #: Title: (U)

(U)

263-HQ-O-U - 610

(Pending)

INTELLIGENCE OVERSIGHT BOARD MATTER INSD/IIS TRAC£INSJ_2930 OGC/lOB# 2007| b2

Synopsis: (U) To advise that captioned reporting of potential Intelligence Oversight Board (IOB) violation has been reviewed by the Internal Investigations Section (IIS), and is not considered willful misconduct. This matter is returned to the field for corrective action as appropriate. Case closed at IIS.

(UJ

X
(U)

Der Decl

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124

Enclosure(s): Reference:

(U) 278-HQ-C1229736-VIO Serial 1709 278-HQ-C1229736-VIO Serial 1709 278-HQ-C1229736-VIO Serial 1913

b2 b7E

Details: (U) Upon review of [ _ jDivision's captioned report of a potential IOB violation, IIS did not find the matter indicative of willful misconduct. IIS only addresses allegations where deliberate and/or aggravated misconduct is evident. (U) IIS recognizes and appreciates that this matter was brought to our attention as required by the revisions mandated by National Security Law Branch/OGC EC, dated 11/16/2006 (278-HQ-C1229736, serial 2570). THIS EC IS UNCLASSIFIED WHEN SEPARATED FROM CLASSIFIED ENCLOSURE.

••

^feQRSlV/20320124

U.S. Departme

jf Justice

Office of the Inspector General

Washington. D.C. 20530

DATE: TO:

January 24,2007 Kenneth W. Kaiser Assistant Director Inspection Division Federal Bureau of Investigation

FROM:

Glenn G. Powell Special Agent in Charge Investigations Division OIG Complaint No. 2007002509 Subject: Unidentified FBI No. 263-0-U-610

ALL FBI INFORMATION CONTAINED HEREIN 15 UNCLASSIFIED DATE 05-31-2007 BY 65179/PHH/K3F/RW b2 b7E

SUBJECT:

We consider this a management matter. The information is being provided to you for whatever action you deem appropriate in accordance with your agency's policy and regulations. A copy of your findings and/or final action is not required by the OIG.


I I

This matter is referred to your agency for investigation. Please provide the OIG with a copy of your final report on this matter. This complaint will be investigated by the OIG.
IMPORTANT NOTICE Identifying information may have been redacted from the attached OIG Report/Referral pursuant to § 7 of the IG Act or because an individual has (a) requested confidentiality or (b) expressed a fear of reprisal. If you believe that it is necessary that redacted information be made available to your Agency, you may contact the Assistant Inspector General for Investigations. Please be advised that, where adverse action is not contemplated, the subject of an investigation does not have a right to have access to an OIG Report/Referral or to the identities of complainants or witnesses, and that, in all cases, complainants and witnesses are entitled to protection from reprisal pursuant to the Inspector General Act and the Whistleblower Protection Act.

Attachment

01G - INVESTIGATIONS DIVISION Received By: SUBJECT: Unidentified, FBI Title: UNID Component: FBI Misc: Home: Phone: Work: Phone : COMPLAINANT Title: ATTY Component: FBI Misc: Home: Phone :T~J Work: , , Phone: (202) Confidential:

-

Complaint Form PIG NO, : DO " ' ' — — ^ — — — b7C Date Received: 12/21/2006

D

689-2007-002509-M How Received:

Pay Plan: EOD Date:

ZIP: ZIP: Pay Plan: EOD Date:

SSNO: D.O.B.: Alien No.: F.B.I.No.: B.0.P.No.: D/L No. Offenses

;•
none

b2

ZIP: ZIP: Revealed:

SSNO: D.O.B.: Alien No.: F.B.I.No.: B.0.P.No.: D/L No.: Authority:

b6 b7C b2

Details: The FBI provided information regarding a potential IOB matter (2007|

b2 bl

(S)

/ A m o n g the responsive records,it was learned that two transaction contained information outside the scope sought by the National Security Letter (NSL). Upon discovering the error, it was noted the information was never utilized by the FBI nor included or documented in the case file. It is the opinion of the Office of the General Counsel that this matter need not be reported to the IOB. (dz) ALLEGATIONS: 68 9 IOB Violation b2 Occurrence Date: TIME: b7E Zip: CITYI State: DISPOSITION DATA: Disposition: M Date: 01/23/2007 01/23/2007 Approval: POWELL, GLENN G Component: FBI

Referred to Agency: FBI Patriot Act: N Sensitive: N Remarks:

Date Sent:

Civil Riahts: N Whistleblower: N

Component Number: 263-0-U-610 Consolidated Case Number:

Predicati ig material contains classified information that will be maintained in a secure container within OIG/INV/HQ. 01/24/07: Sent to Kaiser/FBI/INSD (dz)

DATE: 06-23-2007 FBI IHF0. CLASSIFIED BY 65179/dmh/ksr/cafe REA30H: 1.4 (c) DECLASSIFY OH: 06-23-2032

Page 1 of 1

Printed 01/23/2007

! -9:57 :

#

(Rev. 01-31-2003)

FEDERAL BUREAU OF INVESTIGATION
Date: Attn: NSLB 01/11/2007

Precedence: Tos From:

ROUTINE

General Counsel

Inspection Internal Investigations Section, IPU, Room 3041 Contact: CRS| " Miller David Iafptjuf^*^ b6 b kas (U) 278-HQ-C1229736-VIO
b7C b2 <*\ ALL INF0RHATI0H C0HTAIHED HEREIN IS UNCLASSIFIED DATE 05-30-2007 BY 65179,'DHH/KSR/RW

Approved By: Drafted By: Case ID #: Title: (U)

(Pending)

INTELLIGENCE OVERSIGHT BOARD MATTER INSD/IIS TRACKINGS 2930 OGC/lOB# 20071 b2

Synopsis: (U) To report a potential Intelligence Oversight Board (IOB) matter to the Office of General Counsel, National Security Law Branch (NSLB). Reference: (U) 278-HQ-C1229736-VIO Serial 1709 278-HQ-C1229736-VIO Serial 1913

Details: (U) The Internal Investigations Section (IIS) received an EC from| | Division dated 09/22/2006, reporting a possible IOB error. Based upon a review of the referenced EC it is the IIS's opinion the incident described therein is administrative in nature. Therefore, no internal investigation will be conducted by the IIS and this matter is being relegated to the NSLB for whatever action they deem appropriate.

••

Freedom of Information and Privacy Acts
SUBJECT: NATIONAL SECURITY LETTERS FOLDER: 2 <o?>" 0 - U - \)o\)ir\L 1 8

Federal Bureau of Investigation

(Rev 01-31-2003)

SEOTET

FEDERAL BUREAU OF INVESTIGATION
Precedence: To: ROUTINE Attn:

!/i

•<-'".\

('

Date:

10/03/2006

General Counsel

National Security Law Branch Counterterrorism Law Unit Room 7975 Internal Investigations Section (IIS) SSA ITOS I, CONUS l7~Team 3 SSA ASAd CDC

Inspection Division Counterterrorism
b2 b7E b6 b7C

From: Contact: Approved By:
JU.L lAW'UEHATION CONTAINED HEREIN IS UNCLASSIFIED EXCEPT WHERE SHOWN OTHERWISE

Drafted By:
Case b2 b7E bl b6 b7C ID # : (U) (U) (S) 2 7 8 - H Q - C 1 2 2 9 7 3 6 - V I O - / 7 | (fi DATE: 05-30-2007 CLASSIFIED BY 65179/DIIH/K3R/RTJ REASON: 1.4 (c) DECLASSIFY ON: 05-30-2032

Title:

(U)

REPORT OF POTENTIAL INTELLIGENCE OVERSIGHT BOARD (IOB) MATTER SSA "TFO

1073946

Synopsis: (u) Report of a potential IOB matter to the National Security Law Branch (NSLB), Counterterrorism Law Unit (CLU), and the Inspection Division (ID) Internal Investigations Section (IIS), as required in the 2/10/2005, Inspection Division's EC to All Divisions entitled "Revised Procedures for the Submission of Reports of Potential Intelligence Oversight Board (IOB) Matters".
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SECRI

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SECRET To: Re: General Counsel From: (U) 278-HQ-C1229736-VIO, 10/03/2006

b2 b7E

(U)
bl b6 b7C <U)

Details:y&) As directed in the Inspection Division's EC dated 2/10/2005, the following is being reported to the NSLB, CLU, and to the ID, IIS, as a potential IOB matter: 1. Identification of the substantive investigation in which the questionable activity occurred.
tQ\

1
2.

1

(S) (S)

^ ) 3. Identification of the subject's status. (S) (J U -)fcQ 4. Controlling administrative requirement.

SECRET

^*ET SEC To: Re: General Counsel From: (U) 278-HQ-C1229736-VIO, 10/03/2006

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identified the fact that the telephoneL J was ceased reassigned to another customer ._ | immediately and all appropriate actions were taken pursuant to FBI policy.

(U)

y*§) Synopsis of investigation

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General Counsel From: (U) 2 7 8 - H Q - C 1 2 2 9 7 3 6 - V I O ,

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10/03/2006

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SECRET To: Re: General Counsel From: (U) 278-HQ-C1229736-VIO, 10/03/2006

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LEADS: Set Lead 1: (Action) GENERAL COUNSEL AT WASHINGTON DC (U) It is requested that the above information be reviewed for a potential IOB violation. Set Lead 2: (Action) INSPECTION DIVISION AT WASHINGTON DC (U) It is requested that the above information be reviewed for a potential IOB violation. Set Lead 3: (Info) COUNTERTERRORISM AT WASHINGTON DC (U) Read and clear.

••

SECRET

6

(Rpv 01-31-2003)

SECRET//NOFORN

FEDERAL BUREAU OF INVESTIGATION

Precedence: b2 b7E b6 b7C To:

ROUTINE

Date: Attn:

12/13/2006 SAC CDC ITOS 1, CONUS 1, TEAM 3 IIS

Counterteirrorism Inspectior1 From:

Attn: Attn:

Office of the General Counsel NSLB/CTLV I TYI rinr,™ ?n^l'n Contact: Thomas Julie ^UCJ\y
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/ X

ALL INFORMATION CONTAINED HEREIN 15 UNCLASSIFIED EXCEPT WHERE SHOOT OTHERWISE

Approved By: Drafted By:

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Case ID # : Title : ^ f / \

t^3' 273-HQ-C1229736-VIO^"(Pending)

DATE: 05-31-2007 CLASSIFIED BT 65179/DHH/KSR/RU REASON: 1.4 (c,d)
DECLASSIFY ON: 05-31-2032

INTELLIGENCE OVERSIGHT RQARD b MATTER 2 0 0 ^ '

(U)

Synopsis:j%^ It is the opinion of the Office of the General Counsel (OGC) that this matter must be reported to the Intelligence Oversight Board (IOB). OGC will prepare and deliver the necessary correspondence to the IOB. (U) DeriveTd---Eram: Q~ Declassify—OtTT^ 278-HQ-C1229736-VIO serial 1716

W)Reference:(^

Administrative: (S)

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CIG/DOJ REVIEW FBI INVESTIGAT OIG/DOJ INVESTIGATION

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SEC^T/^NOFORN To: Re:

From: O f f i c e of t h e General Counsel 278-HQ-C1229736-VIO, 12/13/2006

(s:

(F.)

lET^X^FC SECRET/?SPFORN To: Re; From: Office of the General Counsel 27a-HQ-"Cl229736-VIO, 12/13/2006

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(U)

On 9/77/700 5 at approximately 10:30 a.m.,

notified SSA information.

at ITOS I, CONUS I of the above

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turned (U) The President, by Executive Order 12334, dated 12/04/1981, established the President's Intelligence Oversight Board (PIOB . On 09/13/1993, by Executive Order 12863, the President re named it the Intelligence Oversight Board (IOB) and established the Board as a standing committee of the President's Foreign Inte lligence Advisory Board. Among its responsibilities, the IOB has been given authority to review the FBI's practices and procedures relating to foreign intelligence and foreign counterintel ligence collection. (U) Section 2.4 of Executive Order 12863 mandates that Inspectors General and General Counsel of the Intelligence Community components (in the FBI, the Assistant Director,
SECRET)SJTOFOKN

SECRETXNOFORN / \

b2

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To Re

From: Office of the General Counsel 278-HQ-C1229736-VIO, 12/13/2006

Inspection Division (INSD), and the General Counsel, Office of the General Counsel (OGC), respectively) report to the IOB intelligence activities that they have reason to believe may be unlawful or contrary to Executive Order or Presidential Directive. This language has been interpreted to mandate the reporting cf any violation of a provision of The Attorney General's Guidelines for FBI National Security Investigations and Foreign Intelligence Collection (NSIG), effective 10/31/2003, or other guidelines or regulations approved by the Attorney General in accordance with EO 12333, dated 12/04/1981, if such provision was designed to ensure the protection of individual rights. (U) Violations of provisions that merely are administrative in nature and not deemed to have been designed to ensure the protection of individual rights are generally not reported to the IOB. The FBI Inspection Division is required, however, to maintain records of such administrative violations for three years so that the Counsel to the IOB may review them upon request. The determination as to whether a matter is "administrative in nature" must be made by OGC. Therefore, such administrative violations must be reported as potential IOB matters.
Tn thi s ^ 1 - n a H n n I

4 . , I Consequently, although unintentional, unauthorized,interception of presumed U.S. persons occurred. This incident must be reported to the IOB. In accordance with the reporting requirements of Section 2.4 of Executive Order 12863, OGC will prepare a cover letter and a memorandum to report this matter to the IOB.

SECRET/TjreKQRN

ZRETTT^SQR SECRET/ /JPSEQRN
b2 b7E To: Re:

From: O f f i c e of tfie G e n e r a l Counsel 2/B-HQ-C1229736-VIO, 12/13/2006

LEAD(s) : S e t Lead 1 (Info)

Jshould ensure that all inadvertently captured information is collected, sequestered, sealed, and delivered to the FBIHQ substantive unit to be submitted to OIPR for appropriate disposition! Set Lead 2: (Info)

COUNTERTERRORISM AT WASHINGTON. D.C. (U) The FBIHQ substantive unit should ensure that all inadvertently captured information is collected, sequestered, sealed. andL del; ind delivered to OIPR for appropriate dispositior

Set Lead 3:

(Action)

INSPECTION AT WASHINGTON. D.C. (U) For action deemed appropriate.

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IOB Library

••

SECRET/)^FOPN
5

December 13, 2006 BY COURIER

Mr. Stephen Friedman Chairman Intelligence Oversight Board Room 50209 New Executive Office Building 725 17th Street, Northwest Washington, D.C. Dear Mr. Friedman:

DECLASSIFIED BY 65179/DHH/KSR/RW ON 05-31-2007

b2

Enclosed for your information is a self-explanatory memorandum entitled "Intelligence Oversight Board Matter 200J 7 | (U) " The memorandum sets forth details of investigative activity which the FBI has determined was conducted contrary to the Attorney General Guidelines for FBI Foreign Intelligence Collection and Foreign Counterintelligence Investigations and/or laws, Executive Orders, or Presidential Directives which govern FBI foreign counterintelligence and international terrorism investigations. This matter has also been referred to our Internal Investigations Section, Inspection Division, for a determination of whether any administrative action is warranted. (U) Enclosure 1 - 278-HQ-C1229736-VIO -

S^ET

Mr. Stephen Friedman Should you or any member of your staff require additional information concerning this matter, an oral briefing will be arranged for you at your convenience. (U) Sincerely,

Julie F. Thomas Deputy General Counsel 1 The Honorable Alberto R. Gonzales Attorney General U.S. Department of Justice Room 5111 Mr. James Baker Counsel, Office of Intelligence Policy and Review U.S. Department of Justice Room 6150

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SEO^T
INTELLIGEMCE-DiffiRSIGHT BOARD ( I O B ) I I F I E L D OFFTCK IOB MATTER 2 0 0 7 - | |(U) MATTER b2

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(&) The overcollection was a violation of The Attorney General's Guidelines for FBI National Security Investigations and Foreign Intelligence Collection, Thus, the matter is being reported to the IOB.

ALL IHFORHATIOH CONTAINED HEREIN 15 UNCLASSIFIED EXCEPT UIHERE SHOOT OTHERWISE DATE: 05-31-2007 CLASSIFIED BY 65179/DMH/KSR/R13 REASON: 1.4 (c) DECLASSIFY OH: 05-31-2032

SECRET

(Rev. 01-31-2003)

FEDERAL BUREAU OF INVESTIGATION

Precedence: To: From: b6 b7C b2

ROUTINE Attn: NSLB

Date:

01/11/2007

General Counsel

Inspection Internal Investigations Section, IPU, Room 3041 Contact: CRSj
, „ „„.-,-, ^ . ,
T

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ALL IHFORMATIOM COHTAIHED ALL IHF0EHAT1UH UUJUTAJJ HEEZIU IS UNCLASSIFIED HEREIH IS UNCLASSIFIED DATE 05-30-2007 BY 65179/THH/KSR/Rfl

Approved By: Drafted By
Case ID #: Title: (U)

M i l l e r David I a n ^ ^ ^ M
(U) 278-HQ-C1229736-VIO

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(Pending) b2

INTELLIGENCE OVERSIGHT BOARD MATTER INSD/IIS TRACKING# 312 8 0GC/I0B# 20071

Synopsis: (U) To report a potential Intelligence Oversight Board (IOB) matter to the Office of General Counsel, National Security Law Branch (NSLB). Reference: b2 b7E (U) 278-HQ-C1229736-VIO Serial 1716 278| |-76104 Serial 428 278^RTT-C1229736-VIO Serial 1931

Details: LLiL_liie_ Internal Investigations Section (IIS) received an EC from | I Division dated 10/03/2006, reporting a possible IOB error. Based upon a review of the referenced EC it is the IIS's opinion the incident described therein is indicative of a performance issue. Therefore, no internal investigation will be conducted by the IIS and this matter is being relegated to the NSLB for whatever action they deem appropriate.

••

(Rev. 01-31-2003)

[//20320117

FEDERAL BUREAU OF INVESTIGATION
b2 b7E

Precedence:
TO!

ROUTINE Attn:

Date:

01/17/2007

SAC ( P e r s o n a l A t t e n t i o n )

From:

Inspection Internal Investigations Section, IPU, Room 3041 Contact: CRS Miller David Ian <g£&0\
DECLASSIFIED BY 65179/DHH/KSR/RU OH 05-30-2007

Approved By: Drafted By: Case ID #: Title: (U)

(U)

263-HQ-O-U - 635 (Pending)

b6 b7C b2

INTELLIGENCE OVERSIGHT BOARD MATTER INSD/IIS TRACKING# 312 8 b2 OGC/IOB# 20071

Synopsis: (U) To advise that captioned reporting of potential Intelligence Oversight Board (IOB) violation has been reviewed by the Internal Investigations Section (IIS), and is not considered willful misconduct. This matter is returned to the field for corrective action as appropriate. Case closed at IIS.

cni -

x
(U) 278-HQ-C1229736-VIO S e r i a l 1716 278-HQ-C122973 6-VIO Serial 1716 2lj 176104 Serial 428 278-HQ-C1229736-VIO Serial 1931 (U)

Enclosure(s): Reference:
b2 b7E

Details: (U) Upon review of Division's captioned report of a potential IOB violation, IIS did not find the matter indicative of willful misconduct. IIS only addresses allegations where deliberate and/or aggravated misconduct is evident. (U) IIS views this matter as a possible performance related issue with respect to the employee and respective supervisor. Therefore, appropriate action relative to this matter is left to the discretion of the division. IIS recognizes and appreciates that this matter was brought to our attention as required by the revisions mandated by National Security Law Branch/OGC EC, dated 11/16/2006 (278-HQ-C1229736, serial 2570) . THIS EC IS UNCLASSIFIED WHEN SEPARATED FROM CLASSIFIED ENCLOSURE. •• T//20320117

U.S. Departmt

of Justice

Office of the Inspector General

Washington, D.C 20*30

DATE:

January 25,2007

TO:

Kenneth W. Kaiser Assistant Director Inspection Division Federal Bureau of Investigation Glenn G. Powell Special Agent in Charge Investigations Division OIG ComnIaiiiiJSflJ2au.7002556 Subject: Division FBI No. 263-0-U-63S CMS No. 3128

ALL FBI inFOEHATIOlT COHTAIHED HEREIN 15 UHCLASSIFIED DATE 05-30-2007 BY 65179/DHH/K5R/IW

FROM:

SUBJECT:
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c

••

We consider this a management matter. The information is being provided to you for whatever action you deem appropriate in accordance with your agency's policy and regulations. A copy of your findings and/or final action is not required by the OIG. This matter is referred to your agency for investigation. Please provide the OIG with a copy of your final report on this matter. This complaint will be investigated by the OIG. IMPORTANT NOTICE
Identifying information may have been redacted from the attached OIG Report/Referral pursuant to § 7 of the IG Act or because an individual has (a) requested confidentiality or (b) expressed a fear of reprisal. If you believe that it is necessary that redacted information be made available to your Agency, you may contact the Assistant Inspector General for Investigations. Please be advised that, where adverse action is not contemplated, the subject of an investigation does not have a right to have access to an OIG Report/Referral or to the identities of complainants or witnesses, and that, in all cases, complainants and witnesses are entitled to protection from reprisal pursuant to the Inspector General Act and the Whistleblower Protection Act.

I i I I

Attachment

b2 b7E OIG - INVESTIGATIONS DIVISION Received By:| SUBJECT Title: SSA Component: FBI
MiSC:

- C:omplamt Form Date Received:

OIG NO. 12/22/2006

689-2007-002556-M How Received: A

Pay Plan: EOD Date:

Home: Phone: () Work: , , Phone: (202 COMPLAINANT: Title: SSA Component: FBI Misc: Home: Phone: () Work: , , Phone: (202) Confidential:

ZIP: ZIP:

SSNO D.O.B. Alien No. F.B.I.No. B.O.P.No. D/L No. Offenses

689

b6 b7C b2

Pay Plan: EOD Date:

ZIP: ZIP: Revealed:

SSNO D.O.B. Alien No. F.B.I.No. B.0.P.No. D/L No. Authority: none

Details: The FBI provided information regarding a potential IOB matter (2007-j^
t •

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letermined I

b2 bl Jdisconnected b7E naa ceased immediately.

FBI/OGC determined that this matter must be reported to the IOB. ALLEGATIONS: 689 IOB Violation Occurrence Date: 09/27/2006 TIME: b2 Zip: CITY:! b7E E Date: 12/22/2006 DISPOSITION DATA: Disposition: M Approval: POWELL, GLENN G Referred to Agency: FBI Patriot Act: N Sensitive: N Remarks: Predicating material contains classified information which will be maintained in a secure, container at OIG/INV. (stp) 1/25/07: Sent to Kaiser/FBI. (stp) Date Sent: 01/24/2007 Component: FBI

Civil Riqhts: N Whistleblower: N

Component Number: 263-0-U-635 Consolidated Case Number:

DATE: 05-30-2007 FBI IHF0. CLASSIFIED BY 65179/DHH/KSR/RW REASOH: 1.4 (c) DECLASSIFY OH: 05-30-2032

Page 1 &t 1

Printed 01/24/2007

3:26:11

FD-962 (Rev 03-21-2005) QPTSRET

F E D E R A L B U R E A U OE I N V E S T I G A T I O N
Precedence: To: ROUTINE Attn: Attn: Attn: Date: 09/07/2006

Inspection General Counsel

IIS, Room 11861 NSLB, Room 7 975
CDC

b2 b7E b6 b7C

From Contact: Approved By: Drafted By:
SA
ALL ll'li- 0FHATI0H CONTAINED
HEREIN I S UNCLASSIFIED EXCEPT WHERE SHOOT OTHERWISE

() U

Case ID # : < X ^ " Title: (U) SA
SSH

278-HQ-C1229736-VIO ^

Related Interests

"V~/ /

b6 b7C

INTELLIGENCE OVERSIGHT BOARD (IOB) ERROR
(U) (U) J&$

Synopsis;

)

To r e p o r t p o s s i b l e

IOB e r r o r .
DATE: 05-31-2007 CLASSIFIED BY 65179/DHH/KSR/RW REASON: 1.4 (c,d) DECLASSIFY OH: 05-31-2032

_^__^^ ^ ^ _ Dertved^Fr^-^r^G-3 DecJ»a«sirty^On*-^^Xl

Details: (S)

(S)
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Possible IOB Error;

(S) 4. Description of IOB Error (including any reporting ys) . IS)

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RET

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3GKI SECRET

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To: Re:

Inspection From: | > C 278-HQ-C1229736-VIO, 09/07/2006

b2 b7E

£fc$ T h i s NSL was s e r v e d on| | w h i c h SUhseauentlv 1 ,*,, provided toll records for this telephone number toL ( 5 ) ___EkiatLaiQB ...rT t T o fnrwarHsd the results of the NSL to[ .vy.i - n n

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IS) (S)

"Ipivision received the <*>[ ] Upon initial captioned NSL toll records | _ review of the first-page of the toll record documents, SA[ . . determined that the subscriber was not that of the Captioned Subject and subsequently determined that the records were for | | which was the number requested, but i h t t v » fri,» mimhpr that - a - -w should have been requested^

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y^S In review of both the NSL requesting EC and the NSL I it was determined that the correct number was listed ( g ) -Letter! within the body of the requesting EC, but had been incorrectly annotated in the_ 'Enclosure paragraph of the requesting EC, and on the NSL Letter

b7D bl

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(S)

FD-962 serves as a record that the information the NSL tol 1 records providedl Iwere not contained 'within reviewednor analyzed, no information from these records was recorded or indexed in any database, and that the toll record information was not uploaded | | | ' 1 database. /ft^ Per instruction from the CDC. I Division, on 09/07/2006. SA f Idestroved all the original NSL tol1 records providedL This process was witnessed by SAl I This EC also certifies that . no other copies of these records were produced nor maintained.

y&

T: This

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(S)

b2 b7E b6 b7C b7D bl

3ECR] SECRET ,„, Wl To: Inspection From: I I Re:(§4 278-HQ-C1229736-VIO, 09/07/2006 LEAD(s) : Set Lead 1: (Action)

INSPECTION AT WASHINGTON, DC (U) Set Lead 2: For action deemed appropriate. (Action)

GENERAL COUNSEL AT WASHINGTON, DC (U) For action deemed appropriate.

••

:R^T SECR

(Rev. 01-31-2003)

SECRET

FEDERAL BUREAU OF INVESTIGATION

Precedence: To:
b2 b7E b6 b7C

ROUTINE tn: SAC I ASACl SSA SAT

Date:

12/11/2006

Counterterrorism Inspection From:

Attn: Attn:

AD I n t e r n a l I n v e s t i g a t i v e Section Room 11865 Attn:

Office of the General Counsel NSLB/CTLU TT/i/T.y-i Y s - m o / Contact: AGC Thomas Julie F

Approved By: D r a f t e d By:

>v^/<0<£.

ALL INFORMATION CONTAINED HEREIN 15 UNCLASSIFIED EXCEPT WHERE SHOWN OTHERWISE

(U>
(U) (0)

Case ID #:\^) Title: / K T

278-HQ-C1229736-VTO— /^(^/ INTELLIGENCE OVERSIGHT BOARD MATTER 2007^ | b2

(Pending)
DATE: 05-30-2007 CLASSIFIED BY 65179/DHH/KSR/RN REASON: 1.4 (c) DECLASSIFY ON: 05-30-2032

Synopsis:J?&^ It is the opinion of the Office of the General Counsel (OGC) that this matter must be reported to the Intelligence Oversight Board (IOB). OGC will prepare and deliver the necessary correspondence to the IOB.
(U)

Deri Dec

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oL'lK-HW-UokWIiC-vac. 4&.M-I lift , o l o n t - r r m - i r . r - r M m n n n - i r . < - -i ^ n (EC) d a t e d Details: ommunxcation J 097o7/2006'f\he[ Field Office [ ] requested that OGC review the facts of the captioned matter and determine whether it warrants reporting to the IOB. In our opinion, it does. Our analysis follows.
R v

Reference;

(S)

f

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prepared and K> approved a National Security Letter (NSL) seeking subscriber

b2 b7E

OIG/DOJREVIi
FBI INVEST1G 01G/D0JII

To: Re:

From: Office of the General Counsel 278-HQ-C1229736-VIO, 12/11/2006

(U) information and telephone toll records of a certain telephone number. Due to a typographical error, the telephone number on the NSL was erroneously transcribed.1 On 08/31/2006, the telephone records were opened and it was determined that they were not the target's records. The correct telephone number was listed within the body of the requesting EC, but it had been incorrectly annotated in the "Enclosure" paragraph nf the requesting EC, and on the NSL letter to the provider. | | I • Idid not review or analyze the records submitted by Jin response to the NSL, and no information from those records was recorded or indexed in any database. (U) The President, by Executive Order 12334, dated 12/04/1981, established the President's Intelligence Oversight Board (PIOB). On 09/13/1993, by Executive Order 12863, the President renamed it the Intelligence Oversight Board (IOB) and established the Board as a standing committee of the President's Foreign Intelligence Advisory Board. Among its responsibilities, the IOB has been given authority to review the FBI's practices and procedures relating to foreign intelligence and foreign counterintelligence collection. (U) Section 2.4 of Executive Order 12863 mandates that Inspectors General and General Counsel of the Intelligence Community components (in the FBI, the Assistant Director, Inspection Division (INSD), and the General Counsel, Office of the General Counsel (OGC), respectively) report to the IOB intelligence activities that they have reason to believe may be unlawful or contrary to Executive Order or Presidential Directive. This language has been interpreted to mandate the reporting of any violation of a provision of The Attorney General's Guidelines for FBI National Security Investigations and Foreign Intelligence Collection (NSIG), effective 10/31/2003, or other guidelines or regulations approved by the Attorney General in accordance with EO 12333, dated 12/04/1981, if such provision was designed to ensure the protection of individual rights. (U) Violations of provisions that merely are administrative in nature and not deemed to have been designed to ensure the protection of individual rights are generally

(U) In order to avoid any further dissemination of this incorrect telephone number, the number is not being listed in this document. SEC&rfr

1

SECRET To: | | From: Office of the General Counsel Re: 278-HQ-C1229736-VIO, 12/11/2006 not reported to the IOB. The FBI Inspection Division is required, however, to maintain records of such administrative violations for three years so that the Counsel to the IOB may review them upon request. The determination as to whether a matter is "administrative in nature" must be made by OGC. Therefore, such administrative violations must be reported as potential IOB matters. ^ ^ L ^ NSLs are a specific type of investigative tool that allows the FBI to obtain certain limited types of information without court intervention: (1) telephone and email communication records from telephone companies and internet service providers (Electronic Communications Privacy Act, 18 U.S.C. § 2709) ; (2) records of financial institutions (which is very broadly defined) (Right to Financial Privacy Act, 12 U.S.C.§ 3414(a)(5)(A)); (3) a list of financial institutions and consumer identifying information from a credit reporting company (Fair Credit Reporting Act, 15 U.S.C.§§ I68lu(a) and (b)); and (4) full credit report in an international terrorism case (Fair Credit Reporting Act, 15 U.S.C. § I681v). NSLs may be issued in conformity with statutory requirements, including 18 U.S.C. § 2709. NSIG, section V.12. In this situation, due to the incorrect number % stated in the NSL, the FBI received telephone toll billing records pertaining to a telephone number that was neither under investigation nor related to an investigation. Therefore, the information was improperly collected, although unintentionally so, in violation of the NSIG and ECPA. (U) Here, the target's rights were not violated because he was not the subject of the improperly collected information. It is unknown whether the erroneous information received pertained to a United States Person, inasmuch as there has been no review of the information. Nonetheless, based upon the fact that information which may be about a USP was improperly, although inadvertently, collected, and in accordance with the reporting requirements of Section 2.4 of Executive Order 12863, OGC will prepare a cover letter and a memorandum to report this matter to the IOB.

SECRET 3

SECRET To: Re: From: Office of the General Counsel 278-HQ-C1229736-VIO, 12/11/2006

LEAD(s) : Set Lead 1: (Action)

INSPECTION AT WASHINGTON. DC (U) For action deemed appropriate. (Information)

Set Lead 2:

COUNTERINTELLIGENCE AT WASHINGTON. DC (U) For information. (Information) b2 b7E b7D bl

Set Lead 3:

Office should contact and ask. whether the improperly or unintentionally acquired information should be returned or destroyed with appropriate documentation to the file. cc:
b6 b7C

Ms. Thomas IOB Library

••

SECRET

4

December 11, 2006 BY COURIER

Mr. Stephen Friedman Chairman Intelligence Oversight Board Room 50209 New Executive Office Building 72 5 17th Street, Northwest Washington, D.C. Dear Mr. Friedman:

DECLASSIFIED BY 6S179/DHH/K3R/RW OH 05-31-2007

Enclosed for your information is a self-explanatory memorandum entitled "Intelligence Oversight Board Matter 2007 (U)

j, -2

The memorandum sets forth details of investigative activity which the FBI has determined was conducted contrary to the Attorney General Guidelines for FBI Foreign Intelligence Collection and Foreign Counterintelligence Investigations and/or laws, Executive Orders, or Presidential Directives which govern FBI foreign counterintelligence and international terrorism investigations. This matter has also been referred to our Internal Investigations Section, Inspection Division, for a determination of whether any administrative action is warranted. (U) Enclosure 1 - 278-HQ-C1229736-VIO •! , j '
UN&H SIFIED^WHi DETACHJ 3IFIED ENCLl DeriT

Decl«

l-~E£gm*---~~~ G-3 -25X1

sifT^n^

Mr. Stephen Friedman Should you or any member of your staff require additional information concerning this matter, an oral briefing will be arranged for you at your convenience. (U) Sincerely,

Julie F. Thomas Deputy General Counsel 1 The Honorable Alberto R. Gonzales Attorney General U.S. Department of Justice Room 5111 Mr. James Baker Counsel, Office of Intelligence Policy and Review National Security Division U.S. Department of Justice Room 6150

sfeaiET
INTELLIGENCE OVERSIGHT BOARD (IOB) MATTER SAN FRANCISCO FIELD OFFICE b2 IOB MATTER 2 0 0 T I U )
-ripKsritii norl

I) S

(S)

The Federal Bureau of Investigation ("FBI": has £iia£ in rnpducting a| nducting a[ j J the FBI improperly used a National securicy itic Letter (NSL)to obtain subscriber information and telephone toll billing records on a telephone number which was not related to the investigation. The overcollection was due to a mistake in the NSL in identifying the fplpnhnnp number I

^j

a

ueneraT"1 s ( j u i a e l i n e s t o r FBI N a t i o n a l S e c u r i t y I n v e s t i g a t i o n s an Foreign Tnt-.ell i a p r i n p f n l l p r f i n n fUSTf^ 1 Tn t-Vi-ie r - o n a H

of The Attorney* and

bl b6 b7C b2 b7E

(S)

5

I issued a relational security Letter (NSL) pursuant to the Electronic Communications Privacy Act, 18 U.S.C. § 2709, to a telephone carrier for the telephone subscriber and toll billing records of a telephone number intended to be identified as that of the target. Instead, one of the numbers within the telephone number was incorrectly written; thus, the information returned from the carrier was subscriber information and the telephone toll billing records of a wholly unrelated telephone number. The error was discovered upon receipt of the information, and the records were not reviewed Derrv^d^fjegnrfHS - 3 _JJej&i3^sify on: SECRET nor used for any investigative purpose. Despite the inadvertent nature of the mistake, the fact remains that information was improperly collected on a telephone number unrelated to an investigation. Thus, the matter is being reported to the IOB.

Z\

ALL INFORMATION CONTAINED HEREIN 15 OTCLASSIFIED EXCEPT WHERE SHOOT OTHERWISE

DATE: 05-30-2007 CLASSIFIED BY 65179/DMH/KSR/RW REASON: 1.4 (cj DECLASSIFY OH: 05-30-2032

bl

(Rev. 01-31-2003)

FEDERAL BUREAU OF INVESTIGATION
Date: Attn: NSLB 01/11/2007

Precedence: To: From: b6 b7C b2

ROUTINE

General Counsel Inspection
Internal TmrPst-inaHnns

Spp|-inn

TPTT.

Rnnm

?Q41

C o n t a c t : CRS Approved By; Miller David Ian^^/O^ Drafted By: Case ID #: Title: (U) (U) 278-HQ-C1229736-VI0

K^L(

ALL HJFORHATION C0HTAINEL HEREIH 15 UNCLASSIFIED DATE 05-30-2007 ET 65179/DHH/KSR/RU

(Pending)

INTELLIGENCE OVERSIGHT BOARD MATTER INSD/IIS TRACKING# 313 5 OGC/lOB# 2007 b2

Synopsis: (U) To report a potential Intelligence Oversight Board (IOB) matter to the Office of General Counsel, National Security Law Branch (NSLB). Reference: (U) 278-HQ-C1229736-VIO Serial 1757 278-HQ-C1229736-VIO Serial 1914

b2 b7E

Details: (U) The Internal Investigations Section (IIS) received an EC fron|_ |Division dated 09/07/2006, reporting a possible IOB error. Based upon a review of the referenced EC it is the IIS's opinion the incident described therein is indicative of a performance issue. Therefore, no internal investigation will be conducted by the IIS and this matter is being relegated to the NSLB for whatever action they deem appropriate.

••

(Rev. 01-31-2003)

SEpSE^C/2 032 0117

FEDERAL BUREAU OF INVESTIGATION
Precedence: To: Inspection Internal In-r?^t"i^a<"i n^a Contact: CRS Approved By: Miller David Ian Drafted By: Case ID #: Title: (U) (U) 263-HQ-0-U - 637 (Pending) From: ROUTINE Attn: Date: 01/17/2007 SAC (Personal Attention)

gor-i-inn

TPTT.

Rnnm 10,41

b2 b7E b6 b7C

DECLASSIFIED BY 65179/DBH/KSR/HJJ ON 05-30-2007

INTELLIGENCE OVERSIGHT BOARD MATTER INSD/IIS TRACKINGS 313 5 OGC/lOB# 2007b2

Synopsis: (U) To advise that captioned reporting of potential Intelligence Oversight Board (IOB) violation has been reviewed by the Internal Investigations Section (IIS), and is not considered willful misconduct. This matter is returned to the field for corrective action as appropriate. Case closed at IIS.
(U)

Deri^ Dec] Enclosure(s): Reference: (U)

3m
jn:

(U) 278-HQ-C1229736-VIO Serial 1757 278-HQ-C1229736-VIO Serial 1757 278-HQ-C1229736-VIO Serial 1914

b2 b7E

Division's captioned Details: (U) Upon review of report of a potential IOB violation, IIS did not find the matter indicative of willful misconduct. IIS only addresses allegations where deliberate and/or aggravated misconduct is evident. (U) IIS views this matter as a possible performance related issue with respect to the employee and respective supervisor. Therefore, appropriate action relative to this matter is left to the discretion of the division. IIS recognizes and appreciates that this matter was brought to our attention as required by the revisions mandated by National Security Law Branch/OGC EC, dated 11/16/2006 (278-HQ-C1229736, serial 2570) . THIS EC IS UNCLASSIFIED WHEN SEPARATED FROM CLASSIFIED ENCLOSURE.

••
^££^2X7/20320117

b2 OIG INVESTIGATIONS DIVISION Complaint Form Date Received: OIG NO.

Received By: SUBJECT: Title: SS7T Component: FBI
MlSC :

12/21/2006

689-2007-002646-M H O W Received:

Pay Plan: EOD Date:

Home: Phone: () Work: , , Phone: (202; SUBJECT: Title: S#Component: FBI Misc: Home: Phone H" Work:: , , Phone: (202] COMPLAINANT: Title: ATTY Component: FBI
MlSC:

ZIP: ZIP:

SSNO D.O.B. Alien No. F.B.I.No. B.O.P.No. D/L No. Offenses

689

Pay Plan: EOD Date:

ZIP: ZIP:

SSNO D.O.B. Alien No. F. B . I.No. B. O .P.No. D/L No. Offenses 689

b6 b7C b2

Pay Plan: EOD Date:

Home: Phone: () Work: , , Phone: (202) Confidential: Details:

ZIP: ZIP: Revealed:

SSNO D.O.B. Alien No. F. B. I.No. B.O.P.No. D/L No.

Authority:

none

The FBI provided information regarding a potential IOB matter (20071

I

On 7/31/06,I |prepared an NSL seeking subscriber information and telephone toll records. Due to a typographical error, the telephone number on the NSL was erroneously transcribed; therefore, the telecommunications carrier provided records not associated with the subject of the investigation. FBI/OGC determined that this matter does not have to be reported to the IOB. ALLEGATIONS: 689 IOB Violation TTMP. Occurrence Dai-*»l f2006 CITY: Zip: DISPOSITION DATA: Disposition: M Date: 12/21/2006 01/29/2007 Approval: POWELL, GLENN G Component:| | b2

b2 b7E

Referred to Agency: FBI Patriot Act: N Sensitive: N

Date Sent:

Civil Riqhts: N Whistleblower: N

Component Number: 263-0-U-637 Consolidated Case Number: ALL FBI INFORMATION CONTAINED HEREIN IS UNCLASSIFIED DATE 06-24-2007 BY 6S179/diah/k3r/ca]£

Page 1 ot

2

Printed 01/29/2007

2.50.41

b2 OIG - INVESTIGATIONS DIVISION Complaint Form OIG NO. 689-2007-002646-M

Remarks: 1/29/07: Predicating material contains classified information which will be maintained in a secure container at OIG/INV (stp) 1/30/07: Sent to Kaiser/FBI. stp)

Page 2 of 2

Printed 01/29/2007

2:50:41

FD-%2 (Rev. 03-21-2005)

SEch^T/720311017

FEDERAL BUREAU OF INVESTIGATION
Precedence: JJo: rom: Contact
b6 b7C b2 b7E

ROUTINE Attn: Attn:

Date:

10/17/2006

Inspection General Counsel

IIS, Room 11861 NSLB, Room 7975

SA
DATE: 05-30-2007 CLASSIFIED BY 65179/DHH/KSR/RKF REASON: 1.4 (c) DECLASSIF/ 0W: 05-30-2032

Approved By Drafted By: Case I D # : ) 278-HQ-C1229736-VIO- -' •

Title: (U)

(U) S A I

^ 1 .

A/SSA | | INTELLIGENCE OVERSIGHT BOARD (IOB) ERROR Synopsis:\k) To report possible IOB error.

ALL INFORMATION CONTAINED HEREIN IS UNCLASSIFIED EXCEPT WHERE SHOOT OTHERWISE

Details: (S) bi 1.
b6 b7C

(S)

2. 3. (S) Description of IOB Error (including any reporting delays) C&3 The IOB error falls under "Improper NSL Collection". Division had requested via an approved NSL (serial 438) from the following information: | Possible IOB Error:

(U) (U) <S)
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X
bl

X
S)
'

|Division received one packet of results Upon loading of the information for one target number into _ telephone applications as tasked, FA|_ I nnt.i r.e>.ci information pertaining to an additional number. FA only loaded

fhlfifiHSL
b6 b7C

SECHBT//20311017
lv

CRET^/ SECRETE/20311017 To: Re t Ins ection From: 2 78-HQ-C122 973 6-VIO, 10/17/2006

b6 b7C

the information for the requested telephone number. FA| pdvised Sf\ | of the additional information. SAl I completed an electronic communication (EC) on 09/07/2006, stating additional records were received that were beyond the scope of the request. The unrelated records were not uploaded and were destroyed. It should be noted the additional number information w a s within the time period requested. fVi nn in/T?/onng £A contacted with[ stated the two r e l a t e d i n any way and i t was simp^] i.ake on
Send thp a d r f i t--iona1 lnfnrmaHnn t-r ormrrla

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and spoke Mere not art to

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SECSET//2 0311017

SEbRjS' SECS|IT//20311017

(U)

To: Re:

.Inspection j^f

From: 10/lV/^UUfc

278-HQ-C1229736-VIO,

LEAD(s) : S e t Lead 1: (Action)

INSPECTION AT WASHINGTON. DC (U) Set Lead 2: For action deemed appropriate. (Action)

GENERAL COUNSEL AT WASHINGTON, DC (U) •• For action deemed appropriate.

SEcks^//20311017

b2 b7E

SEC

(U)

To: Re:

(S)
b2 b7E b6 b7C bl b7D

bl b6 b7C

~K

From: General Counsel 278-HQ-C1229736-VIO, 11/28/2006

isr
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rece 'ved one package of U& discovered information pertainingresults additional f loaded the records| to an and telephone number. The NSL did not request the toll billing
t-slsnhnno

f n r f h i •; a H H i t i n n a l

nnmHor I

{*)
not load these additional records
b6 b7C b2 b7E

(U)

m*

_

I

did

($) FA | I notified SA | [ who Idocumented the incident in an electronic communication dated September 7, 2006. The unrelated telephone records were not uploaded | land have been destroyed. x

b6 (S) b7C i \ \ bl ' b7D • » u

)

ts) A/SSA[ J|contacted f S ) A/SSA| contacted) |on October 1 7 . 2006 a n d advised them erf- t h e a-rid4-t-4-r>-rw%-T--telephone records . 1 1 ~ | a d v i s e d A/SSAl I that the additional records w e r P re not related t.p t h e request! r^gu«=>-?tl . fend , fend V : -that' ": • ' — that information. made a mistake when they provided —
^ As required by Executive Order (E.O.) 12863 (Sept. 13, 1993) and Section 2-56 of the National Foreign Intelligence Program Manual (NFIPM), OGC was tasked to determine whether the errors described here are matters that should be reported to the IOB. We believe that the reported activity does not require IOB notification. (U) Section 2.A of E.O. 12863 mandates that the heads of Intelligence Community components report all information to the IOB that it deems necessary to carry out its responsibilities. That section requires Inspectors General and General Counsel of the Intelligence Community to report "intelligence activities that they have reason to believe may be unlawful or contrary to Executive order or Presidential directive." This language has been interpreted to mandate the reporting of any violation of guidelines or regulations approved by the Attorney General, in accordance with E.O. 12333, if such provision was designed in full or in part to protect the individual rights of a United States person. This includes

(U>

MLES) In the future, possible overcollections under NSLs should be sequestered with the CDC until adjudication of the potential IOB.

SECXET :cWr

SECRET

(C)

To: Rer

:Xr
V

From: General Counsel y 278-HQ-C1229736-VIO, 11/28/2006

b2 b7E

violations of agency procedures issued under E.O. 12333, unless they involve purely administrative matters.2 For the FBI, OGC submits reports to the IOB.3

AL
bl NSIG
UilLlUUULLlUIi;—dL 4. beULlUU Z - 3 0 U l Ulfci NE 1 Pl"l identifies as

reportable to the IOB unauthorized investigations, the use of unlawful methods and techniques, exceeding the authorized scope of permitted activities, and failing to adhere to minimization requirements.4 b2 b7Eg) bl b7D sought i nfnrmation $8£ In this instance, | _ rplatinn fn nng tpipphnno number associated with the |and obtained information beyond the scope of the request due to an""error] |5 The NSL was property

I

1

(U)

See EC from Inspection Division to All Divisions; Title: ' Revised Procedures for the Submission of Reports of Potential Intelligence Oversight Board (IOB) Matters, Case ID # 66F-HQ-A1247863 Serial 172 at 5-6 (2/10/2005). The FBI is required to maintain for three years records of administrative violations, for possible review by the Counsel to the IOB, together with a copy of the opinion concerning the basis for the determination that IOB notification was not required. Id. at 6. See id. at 4. See also id. at 5, identifying reportable matters as including: (1) activities believed to be unlawful or contrary to Executive Orders or Presidential directives: (7) siisnp.rtsH
Vinjat.inns of >hp r.nngtit-ntinnI 1 \I I

(U)

bl

(S)

C rorm

I (5) initiating a or electronic surveillance or a search without authorization from the FISC, or failing to terminate an authorized surveillance at the time prescribed by the Court; and (6) failing to adhere to the minimization or dissemination requirements specified in a FISC Order. (U) In a letter from the Intelligence Oversight Board to the FBI's Office of General Counsel, Deputy General Counsel Julie Thomas, dated November 13, 2006, the IOB "agreed that third party
b

SEC^T

SECllET To; .Re:

0J>

W -

From: General Counsel 77T-HQ-C1229736-VI0, 11/28/2006

b2 b7E

prepared and executed by | | Thus, the investigative technique was authorized for purposes of E.O. 12333 and this need not be reported to the IOB pursuant to E.O. 12863.

errors should be reported to the FBI's Office of General Counsel, but as a matter of practice would not be reportable to the IOB. ECfc^T SEC

SECRET

(UJ
b2 b7E

To: From: Genera 1 Counsel -Re-:- "t^~"2T8-HQ-C1229736-VIO, 11/28/2006

LEAD(s) : Set Lead 1: (Info)

(U) Set Lead 2 :

Read and clear. (Discretionary)

COUNTERTERRORISM • AT LIBERTY CROSSING ONE (U) Set Lead 3: For review and action deemed appropriate. (Discretionary)

INSPECTION AT WASHINGTON. DC (U) For review and action deemed appropriate.

••

CRSI SEC

(Rev. 01-31-2003)

(ET//20320117

FEDERAL BUREAU OF INVESTIGATION
Precedence: To:
b2 b7E b6 b7C

ROUTINE Attn:

Date:

01/17/2007

SAC (Personal Attention)

From:

Inspection Internal Investigations Section. IPU. Room 3041 Contact: CRS Miller David Ian

Approved By: Drafted By: Case ID #: Title: (U)

XT
DECLASSIFIED BY 6S179/DHH/KSR/RW OH 05-30-2007

(U)

263-HQ-0-U - 638

(Pending)
b2

INTELLIGENCE OVERSIGHT BOARD MATTER INSD/IIS TRACKING# 3137 OGC/IOB# 2007J |

Synopsis: (U) To advise that captioned reporting of potential Intelligence Oversight Board (IOB) violation has been reviewed by the Internal Investigations Section (IIS), and is not considered willful misconduct. This matter is returned to the field for corrective action as appropriate. Case closed at IIS.

(U)

X
Enclosure(s) Reference: Details: (U)

Derive De

y On:

(U) 278-HQ-C1229736-VIO Serial 1763 278-HQ-C1229736-VIO Serial 1763 278-HQ-C1229736-VIO Serial 1890

Division's captioned report not find the matter indicative of willful misconduct. IIS only addresses allegations where deliberate and/or aggravated misconduct is evident.

(U) Upon review of

3

(U) IIS recognizes and appreciates that this matter was brought to our attention as required by the revisions mandated by National Security Law Branch/OGC EC, dated 11/16/2006 (278-HQ-C1229736, serial 2570) . THIS EC IS UNCLASSIFIED WHEN SEPARATED FROM CLASSIFIED ENCLOSURE.

••

SECREJE?7*£Q320117

(Rev. 01-31-2003)

FEDERAL BUREAU OF INVESTIGATION
Precedence: To:
From:

ROUTINE
Attn: NSLB

Date:

01/11/2007

General Counsel

Inspection Internal Investigations Section, IPU, Room 3 041 Contact: CRS Miller David Ian^/U-jf^ lH$.\
ALL INFORHATIOET CONTAINED HEREIN IS UNCLASSIFIED DATE 05-30-2007 BY 65179/DHH/KSR/RE

b6 b7C b2

Approved By: Drafted By: Case ID #: Title: (U)

(U) 278-HQ-C1229736-VIO

(Pending)
b2

INTELLIGENCE OVERSIGHT BOARD MATTER INSD/IIS TRACKINGJ313 7 OGC/lOB# 2007-

Synopsis: (U) To report a potential Intelligence Oversight Board (IOB) matter to the Office of General Counsel, National Security Law Branch (NSLB). Reference: (U) 278-HQ-C1229736-VIO Serial 1763 278-HQ-C1229736-VIO Serial 1890

b2 b7E

Details: JlLL_T_a£_Jjiternal Investigations Section (IIS) received an EC from! bivision dated 10/17/2006, reporting a possible IOB error. Based upon a review of the referenced EC it is the IIS's opinion the incident described therein is administrative in nature. Therefore, no internal investigation will be conducted by the IIS and this matter is being relegated to the NSLB for whatever action they deem appropriate.

••

U.S. Departme

jf Justice

Office of the Inspector General

Washington, D.C. 20530

DATE:

January 26, 2007

TO:

Kenneth W. Kaiser Assistant Director Inspection Division Federal Bureau of Investigation Glenn G. Powell Special Agent in Charge Investigations Division OIG Complaint No. 2007002603 Subject: Unidentified
ALL FBI INFORMATIOH COHTAIHED HEREIH IS UNCLASSIFIED DATE 05-30-2007 BY 65179/DHH/K3R/RU

FROM:

SUBJECT:

I

I
FBI No. 263-0-U-638 CMS No. 3137

We consider this a management matter. The information is being provided to you for whatever action you deem appropriate in accordance with your agency's policy and regulations. A copy of your findings and/or final action is not required by the OIG.

• •

This matter is referred to your agency for investigation. Please provide the OIG with a copy of your final report on this matter. This complaint will be investigated by the OIG. IMPORTANT NOTICE
Identifying information may have been redacted from the attached OIG Report/Referral pursuant to § 7 of the IG Act or because an individual has (a) requested confidentiality or (b) expressed a fear of reprisal. If you believe that it is necessary that redacted information be made available to your Agency, you may contact the Assistant Inspector General for Investigations. Please be advised that, where adverse action is not contemplated, the subject of an investigation does not have a right to have access to an OIG Report/Referral or to the identities of complainants or witnesses, and that, in all cases, complainants and witnesses are entitled to protection from reprisal pursuant to the Inspector General Act and the Whistleblower Protection Act.

Attachment

b2 OIG INVESTIGATIONS DIVISION Complaint Form Date Received: OIG NO. 12/20/2006 689-2007-002603-M H O W Received:

Received By: SUBJECT: Unidentified, FBI Title: UNID Component: FBI Misc: Home: Phone: Work: Phone: COMPLAINANT: Q Title: ATTY Component: FBI
MlSC:

Pay Plan: EOD Date:

ZIP: ZIP:

SSNO D.O.B. Alien No. F.B.I.NO. B.0.P.No. D/L No. Offenses SSNO D.O.B. Alien No. F.B.I.No. B.O.P.No. D/L No. Authority:

b6 b7C b2 689

Pay Plan: EOD Date

Home: Phone: () Work: , , Phone: (202) Confidential:

ZIP: ZIP: Revealed:

none

Details: The FBI provided information regarding a potential IOB matter (2007

b2 bl b2 b7E

(S),
] and on 8/26/06,I issued an NSL to a telecommunications provider for records relating to the subject of the investigation. However, the telecommunications provider inadvertently provided the FBI with records pertaining to an additional telephone number not requested. FBI/OGC determined that this matter does not need to be reported to the IOB. fi»q ALLEGATIONS: fi»q T O P \ Tnq Violation I 1/2006 Occur rMir. CITY: Zip: DISPOSITION DATA: Disposition: M Date: 12/20/2006 01/26/2007

b2 =b7E= Approval: POWELL, GLENN G

Referred to Agency: FBI Patriot Act: N Sensitive: N Remarks:

Date Sent:

Component: FBI

Civil Rights: N Whistleblower: N

Component Number: 263-0-U-638 C o n s o l i d a t e d Case Number:

Predicating material contains classified information which will be stored in a secure container at OIG/INV. (stp) 1/29/07: Sent to Kaiser/FBI. (stp)

DATE: 05-30-2007 FBI INFO. CLASSIFIED BY 65179/DHH/KSR/RW REAS0H: 1.4 (c)
DECLASSir/ OH: 05-30-2032

Page 1 ot 1

Printed01/26/2007

10:21:20

(Rev. 01-31-2003)

vJtf
SECRET

FEDERAL B U R E A U O F I N V E S T I G A T I O N
Precedencei
To i
b2 b7E b6 b7C

ROUTINE

Datei

10/03/2006

General Counsel Ingp.ec.tion Counterintelligence

Attnt NSLB Attn i IIS_ Attni CD-2F, Room 8672 OS/IA£ AttnI CDC

From

••=[

1
Contact:
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Approved By:

ALL INF0RHATI0N CONTAINED HEREIN IS UNCLASSIFIED EXCEPT WHERE SHOOT OTHERWISE

Drafted By: Case TD # :
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(U) HI) (U (Si

278-HQ-C1229736-VIO
?.7»1 Ir7fiin4.

(Pending)-

I

=7*7
DATE: 05-31-2007 CLASSIFIED BY 65179/DHH/KSR/Rfl REASON: 1.4 (c,d) DECLASSIFY OH: 05-31-2032

(P^nH-inn) - ( L ^ U .

Title:
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(U)

POTklNTIAL 10B MATTER TMVnT.vtWfi SA SSA

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Synopsis: (U) IOB reporting of carrier in regard to an NSL. 31^ Reference: (U) Telcal with CDC on 10/03/2006

error

(II)

(U)b6
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Details: ^ S O The following informal--inn is hpinn nrnvi rle>ri ] n response t o the quarterly EC from CDC T requesting Intelligence Oversight Board repbrting be brough : to the attention of OGC and Inspection Division.

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i g r learned that £ | "».«»=« t.i»a^ JL had included subscriber information l&J for a telephone number that was not asked for. Consequently, this telephone number and associated subscriber information havfi not been uploaded and no record of them exist within ACS.

m

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b7D

(S)

FTn a 1A envelope in the case file. learned of I l - et-=.ya after viewing ™ i Lt-ak« ^ t therefore, it is o e m g reported w i t n m tne mandatory 14-day reporting period.

SECRET 2

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To Re

General Counsel (S)

From; I 10/03/2006

LEAD(S) i Set Lead Is (Action)

GENERAL COUNSEL AT WASHINGTON. DC (U) Information is being provided to NSLB for whatever action is deemed appropriate. Set Lead 2 s (Action)

INSPECTION AT WASHINGTON, DC (U) Information is being provided to IIS for whatever action is deemed appropriate. Set Lead 3s (Info)

COUNTERINTELLIGENCE AT WASHINGTON. DC (U) At CD-2Fs Read and clear. Set Lead 4 s
b2 b7E

(Action)

AT

(U) Information is being provided to CDC for whatever action is deemed appropriate. ••

I

IcksT SECK
3

101/26/1998)

SECRET

FEDERAL BUREAU O F INVESTIGATION
Precedence:
To: Counterintelligence
b2 b7E b6 b7C

ROUTINE

Date: 12/05/06 Attn: SAC, CDC Attn: CD-2F, Room 8672 Attn: IIS
ALL INFORMATION CONTAINED HEREIN IS UNCLASSIFIED EXCEPT WHERE SHOOT OTHERWISE

Inspection From:

General Counsel National Security Affair's/Room 7974 Contact: Julie F. Tho/rias Thomas Julie

Approved By:

Drafted By: Case ID #:
(U) (U) (S)

DATE: 05-30-2007 CLASSIFIED BY 65179/DHH/KSR/RW REASON: 1.4 (c) DECLASSIFY ON: 05-30-2032

278-HQ-C1229736-VIO— ( 9 ? 2 2781 IC76104- M S " ^
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(U)

Title:

X

POSSIBLE INTELLIGENCE OVERSIGHT BOARD MATTER 2007] | b2

(U)

Synopsis?y&) It is the opinion of the Office of the General Counsel (OGC) that no error was committed in this matter, and therefore nothing need be reported to the IOB. A record of this decision should be maintained in the investigation control file for review by the Counsel to the IOB. (U)

(U)

ReferencesV) Details: (S)

278-HQ-C122 973 6-VIO-1787

bl

SECRET

CIG/DOJ REVIEW: FBI iNVESTIGAT! OIG/DOJINVESTIGAT

b2 b7E

:C^T SEC

(U)

.To: Re:

X

From: General Counsel T78-HQ-C1229736-VIO, 12/05/06

initially requested NSL subscriber and t o l l d
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Atter viewinaT Jlearned that 1 included subscriber information for a telephone number that was not asked for. Consequently, this telephone number and associated subscriber information have not bee uploaded and no record of them exists within ACS maintaining the results of this particular NSL (including the

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incorrpci-lv nmviripd s u b s c r i b e r
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bl b7D

I
J This erroneous telephone number and assoO'laiyu Subscriber information have not been uploaded and no record exists within ACS. (U) Section 2.4 of Executive Order (E.O.) 12863, dated 09/13/1993, mandates that Inspectors General and General Counsel of the Intelligence Community components (in the FBI, the Assistant Director, INSD, and the General Counsel, OGC, respectively) report to the IOB "concerning intelligence activities that they have reason to believe may be unlawful or contrary to Executive order or Presidential directive." This language was adopted verbatim from E.O. 12334, dated 12/04/1981, when the IOB was known as the President's Intelligence Oversight Board (PIOB). By longstanding agreement between the FBI and the IOB, this language has been interpreted to mandate the reporting of any violation of a provision of The Attorney General's Guidelines for FBI National Security Investigations and Foreign

SECfes^
2

b2 b7E

SEC^T To: ReFrom: General Counsel^ ) 278-HQ-C1229736-VIO, 12/05/06

<U>

Intelligence Collection (NSIG), or other guidelines or regulations approved by the Attorney General in accordance with E.O. 12333, dated 12/04/1981, if such provision was designed in full or in part to ensure the protection of the individual rights of U.S. persons. On 3/28/2006, NSLB sent a letter to the Counsel for the IOB requesting their concurrence to treat these third party errors as non-reportable, though we will require the field to continue to report any improper collection under an NSL as a potential IOB matter. By letter dated 11/13/2006, the Counsel to the IOB agreed that third party errors in the collection of information pursuant to an NSL must be reported to OGC, but are not reportable to the IOB. Here, an error on the part resulted in the unintentional acquisition of b7D mtormation It should be noted that the FBI's response in b2 receiving the unsolicitedi material w a a mm m pnri a hi 0 Upon viewing b7E Jprovided (S) J and bl realizing that subscriber information for a telephone number that was not been asked for had been included,! Ihas maintained the results in a 1A envelope in the case file, and no results of this NSL have been uploaded and no record exists in ACS.

(01

K) Based upon our analysis, the carrier's mistake is not reportable to the IOB as the FBI has not acted unlawfully or contrary to Executive Order or Presidential Directive.

3C&BT SECR

EC^E1] SE

(U)

To: Re:

X

From: General Counsel ) 278-HQ-C1229736-VIO, 12/05/06

Set Lead 1:

(Action)

b2 b7E

J and arrange for delivery of correct information LT\ response to previously issued NSL. Set Lead 2 (Info) COUNTERINTELLIGENCE AT WASHINGTON. DC (U) Set Lead 3: (Info) Read and clear.

b7D

INSPECTION AT WASHINGTON. DC (U) Read and clear.

1-Ms.
b6 b7C

Thomas Library

1-IOB

••

SCMJT SEC:
4

(Rev. 01-31-2003)

FEDERAL BUREAU OF INVESTIGATION
Date: Attn: NSLB 01/12/2007

Precedence: To:

ROUTINE

General Counsel

From:

Inspection Internal Investigations Section, IPU. Room 304^1 Contact: CRS Miller David la

Approved Byb6 b7C b2 Drafted By: Case ID #: Title: (U)

-JfUA
(U) 278-HQ-C1229736-VIO

ALL INFORMATION CONTAINED HEREIN 15 TJNCLA33IFIED DATE 0 5 - 3 0 - 2 0 0 7 BY 65179yDHH/KSR/RN

(Pending)

INTELLIGENCE OVERSIGHT BOARD MATTER INSD/IIS TRACKING# 3154 0GC/I0B# 2007-I b2

Synopsis: (U) To report a potential Intelligence Oversight Board (IOB) matter to the Office of General Counsel, National Security Law Branch (NSLB). Reference:
b2 b7E

(U)

278-HO-C122 973 6-VIO Serial 1787 278| £76104 Serial 436 278-HQ-C1229736-VIO Serial 1892

Details: (U) The Internal Investigations Section (IIS) received an EC from| IDivision dated 10/03/2006, reporting a possible IOB error. Based upon a review of the referenced EC it is the IIS's opinion the incident described therein is administrative in nature. Therefore, no internal investigation will be conducted by the IIS and this matter is being relegated to the NSLB for whatever action they deem appropriate. ••

(Rev. 01-31-2003)

^Jgei*Eir//20320117

FEDERAL BUREAU OF INVESTIGATION
Precedence: To: From: ROUTINE Attn: Date: 01/17/2007

SAC (Personal Attention)

Inspection Internal Investigations Section, IPU, Room 3 041 Contact: CRS Miller David Ian

b2 b7E b6 b7C

Approved By Drafted By: Case ID #: Title: (U)

1
(Pending)

DECLASSIFIED BY 65179/DMH/K3R/RTJ 0U 05-30-2007

(U)

263-HQ-0-U - 643

INTELLIGENCE OVERSIGHT BOARD MATTER INSD/IIS TRACKINGS 3154 OGC/IOB# 2007J \ b2

Synopsis: (U) To advise that captioned reporting of potential Intelligence Oversight Board (IOB) violation has been reviewed by the Internal Investigations Section (IIS), and is not considered willful misconduct. This matter is returned to the field for corrective action as appropriate. Case closed at IIS.

(U)

X
Enclosure(s): Reference: (U)

Y On:^-2-&aZfill7

(U) 278-HQ-C1229736-VIO Serial 1787 278-HQ-C1229736-VIO Serial 1787 278l 1C76104 Serial 436 278-HQ-C1229736-VIO Serial 1892

b2 b7E

Division's captioned report Details: (U) Upon review of of a potential IOB violation, IIS did not find the matter indicative of willful misconduct. IIS only addresses allegations where deliberate and/or aggravated misconduct is evident. (U) IIS recognizes and appreciates that this matter was brought to our attention as required by the revisions mandated by National Security Law Branch/OGC EC, dated 11/16/2006 (278-HQ-C1229736, serial 2570). THIS EC IS UNCLASSIFIED WHEN SEPARATED FROM CLASSIFIED ENCLOSURE.

••

T//20320117

(Rev. 01-31-2003)

SETSgET

BUREAU OF INVESTIGATION
Precedence: To: ROUTINE Attn: Attn: Attn: Date: 01/09/2007

Counterterrorism inspection Office of General Counsel

SSA ITOS I, CONUS I, Team 3 IIS UC
NSLB

From:

Legal Sjnik ^ Jb2 b7E b6 b7C
Contact: Approved Drafted By: By: CDC

ALL IHF0RHATI0H CQHTAIMED HEREICT IS DECLASSIFIED EXCEPT WHERE 5HQ13N OTHERWISE DATE: 05-30-2007 CLASSIFIED BY 65179/DHH/KSR/RW RE AS Oil: 1.4 (c) DECLASSIFY OH: 05-30-2032

— 7
C a s e ID # :

£«*> £.*"

bl

(U),_a: (S)

(U)

</2 7 8 - H O - C 1 2 2 9 7 3 6-VTO ~~ ( N o n e )

(U)

Title:

-X

INTELLIGENCE OVERSIGHT BOARD b2 MATTER 2007-

Synopsis: (U) Newark response to and compliance with FBIHO EC to Newark, dated 12/13/2006. (U)

(S)
b2 b7E bl

X[
Administrative: (U) Reference EC to FBIHQ, dated 10/3/2006; FBIHQ EC toj ~ iated 1^/13/2006. Enclosure(s (S) Details: £»J V i a referenced 10/3/2006 E C , f potential IOB viol ati nvi rnng-i cat* i -mrr I Ireported a

(SJ
bl b2 b7E

3Eci SECRET

SE
To: Re: Counterterrorism From: (U) 278-HQ-C1229736-VIO, 01/09/2007
b2 b7E

(SJ

I

(S) bl
b2 b7E

]contacted the carrier and learned that the subject had discontinued service\ J and the number had been reassigned to ami-hpr nict-nmpr I r coverage was immediately discont nued. was removed and sequestered with CDC. Via EC d ^ P H i?/n/?nnfi nnr a »h « i» a ^ f^l

L

J to
to

(5 J

forwardf IT0S1 r " ^

SECRET

SECRE^ To: Re: Counterterrorism From: | (U) 278-HQ-C1229736-VIO, 01/09/2007
b2 b7E

LEAD(s): Set Lead 1: (Action)

COUNTERTERRORISM AT WASHINGTON D.C. ^
bl

• (Info)

1

:

Set Lead 2:

GENERAL COUNSEL AT WASHINGTON. DC (U) Set Lead 3: Read and clear. (Info)

INSPECTION AT WASHINGTON. DC (U) Read and clear.

••

SEC

m
DATE: February 2,2007
TO:

1,8. I>ppartnf€

•»'.h'srce

Office of ihe Lnsoeckv ' o '; . '

Wnxliiiiglon. DC. yjWi

Kenneth W. Kaiser Assistant Director Inspection Division Federal Bureau of Investigation

FROM:

Glenn G. Powell Special Agent in Charge Investigations Division OIG Complaint Mo. 2007002756 Subject: | |et al. ] Division FBI No. 263-0-U-"2tt3^ CMS No. 3154 Q,4-3,

ALL FBI INFORMATION CONTAINED HEREIN IS UNCLASSIFIED DATE 05-30-2007 BY 65I79/DHH/K3R/RW

SUBJECT:

b6 b7C b2 b7E

n n
I I

We consider this a management matter. The information is being provided to you for whatever action you deem appropriate in accordance with your agency's policy and regulations. A copy of your findings and/or final action is not required by the OIG. This matter is referred to your agency for investigation. Please provide the OIG with a copy of your final report on this matter. This complaint will be investigated by the OIG. IMPORTANT NOTICE
Identifying information may have been redacted from the attached OIG Report/Referral pursuant to § 7 of the IG Act or because an individual has (a) requested confidentiality or (b) expressed a fear of reprisal. If you believe that it is necessary that redacted information be made available to your Agency, you may contact the Assistant Inspector General for Investigations. Please be advised that, where adverse action is not contemplated, the subject of an investigation does not have a right to have access to an OIG Report/Referral or to the identities of complainants or witnesses, and that, in_aU cases, complainants and witnesses are entitled to protection from reprisal pursuant to the Inspector General Act and the Whistleblower Protection Act.

Attachment

b2 OJC INVESTIGATIONS DIVISION Complaint Form. Date Received: OIG NO. 12/20/2006 689-20C7-002756-M How Received:

Received By: SUBJECT Title: SA Component: FBI Misc : Home : Phone: () Work: , , Phone: (202) SUBJECT: 'litle: SSA" Component: FBI Misc: Home:I Phone: () Work: , , Phone: (202)
COMPLAINANT: T i t l e : SSA ' C o m p o n e n t : FBI Misc : Home : P h o n e : {) Work : , , Phone: (202) Confidential:

Pay Plan: EOD Date:

ZIP: ZIP:

SSNO D.G.B. Al i en No. F.B.l.No. B.O.P.No. D/L No. Offenses 689

SSNO Pay Plan: EOD Date:
U.O. B. Alien Wo. F.B.I.No. B.O.P.No. D/L N o . Offenses 689 b6 b7C b2

ZIP: ZIP:

Pay Plan: EOD D a t e :

ZIP: ZIP: Revealed:

SSNO D. 0 . B . Alien No. F.B.I.No. B.O.P.No. D/L N o .

Authority:

none

Details: information received from the FBI/INSD reporting a pnt-ent-ia interception of u n a u t h o r i z e d information. TOB 2007 IOB m a t t e r involving the b2 b7E

During an authorized i n v e s t i g a t i o n , the FBI,|_ jDivisi on p r o p e r l y served a National Security Letter (NSL) on a communication provider for information relating to the target of an FBI investigation. Tn r p s n o i s p the FBI unintentionally obtained information b e y o n d the scope of the N S L . The F B I , I Division sequestered the content i n f o r m a t i o n . 11 is the opinion of the O f f i c e of the General Counsel that this m a t t e r need not be :o she IPS. ALLEGATIONS: sag TO RR vie l a t i o n Vio T O ite:| /20C O c c u r r e n c e Date : | 1/2006 TIME: CITY: State: Zip: reported

E DISPOSITION DATA:

Disposition:

M

Date:

12/20/2006

Approval: POWELL, GLENN G Component: FBI

Referred to Agency: fat n o t Act: Sensitive: N
N

Date Sent: Civil Riqhts: N

Component Number Consolidated Case Number

263-0-U-463, 3154

Whistleblower: N

ALL FBI INFORMATION CONTAINED HEREIN 15 UNCLASSIFIED DATE 06-06-2007 BY 65179/DHH/K3R/RW

Page 1 of 2

Drinforl

01 I \ 1

/ T O m

1

. ~i n

. ->

1

b2 CIG - INVESTIGATIONS DIVISION Remarks: .". ••• ••:•• c\, of ! !,P oiG d a t a b a s e m a t t e r , #2007-002584-M. at i s a sijDi'ict 1:1 a no t r i e r b6 "" b7C Complaint Form OIG NO. 689-2007 002756-M

Predicating material contains classified information that will be stored in a secure container within OIG/INV/HQ. 2/2/07 - Sent to AD Kaiser, FBI/IND. (yht)

Pace 2 cf

n>~i > . - . i m -<^-

/IT h n n '

1

.

1

1

.

1

->

FD-9J2 (Rev 03-21-2005)

SECfeBT

BUREAU OF INVESTIGATION
Precedence: To: From: Contact: Approved By:
b2 b7E b6 b7C
DATE: 05-30-2007 CLASSIFIED BY 65179/DMH/KSR/RW REASON: 1.4 ( c , d )

ROUTINE Attn: Attn:

Date:

10/21/2006

Inspection General Counsel

IIS, Room 11861 NSLB, Room 7975
ALL IWF0RMATIQH CONTAINED HEREIN 15 UNCLASSIFIED EXCEPT tHEEE SHOOT OTHERWISE

D r a f t e d By:

DECLASSIFY OH: 05-30-2032

(U)

Case ID # : Title: (U)

^ 8 ^ 278-HQ-C122 9736-VIO "

j^Ot?

INTELLIGENCE OVERSIGHT BOARD (IOB) ERROR

(U)
(U)

Synopsis t

To report possible IOB error.

Details: (S)
b6 b7C bl

1. 2. 3(S) Possible IOB Error:

(S) ^y&f
bl

(U)

(J U

^0

4.

Description of IOB Error (including any reporting delays)

(S)f
b6 b7C bl

t.^lUUcri:
b6
b7C

I L^
*

ftok** '
^J^MPI

9

SECRET /-•>7

b2 b7E

SECRET To: Re: Inspection From: 278-HQ-C1229755-VIO, 10/21/2006

bl b6 b7C

(U)

fS)
JXL nn i n / n / a n n f i . r
determined that tne content ot the e-mail messages was included with the header and footer information. TFO advised SRA| | of the situation. Contact was made witj lAssociate Division r v i . f 1 r.nqf1 I who provided details on how to report the incident and handle the material (U) There were no reports written or leads set as a result of obtaining these records. Efforts are currently underway to separate the header and footer information from content. The original disk will then be forwarded to | " Chief Division Counsel or FBIHQ | as directed.

b6 b7C b2 b7E

b

b2 b7E

:a&5T SEC 2

cfei^ SEC:
To:
(U)

Inspection

From:

Re: J S ^ 278-HQ-C1229736-VIO, 10/21/2006 LEAD(s) : Set Lead 1: (Action)

INSPECTION AT WASHINGTON. DC (U) Set Lead 2: For action deemed appropriate. (Action)

GENERAL COUNSEL AT WASHINGTON. DC (U) •• For action deemed appropriate.

SO&E'] SECRET 3

(Rev. 01-31-2003}

SEC^BJT

FEDERAL BUREAU OF INVESTIGATION
Precedence: To: Counterterrorism Attn: Inspection
b2 b7E b6 b7C

ROUTINE Attn: SAC CDC

Date:

12/13/2006

ITOS 1, CONUS 3,
ALL INFORMATION CONTAINED HEREIN IS UNCLASSIFIED EXCEPT INHERE SHOOT OTHERWISE

From:

Attn: IIS Office of the General Counsel NSLB/CTLU1/LX1 Room 3S119 , Contact: U l C

Approved By: Thomas Julie F i Drafted By: T

(U) (UJ (U)

Case ID # : /£^ Title: \^f

278-HQ-C122 9736-VIO"(Pending)
MATTER 2 0 0 1
TNTFT.T.TGFNCF.- OVF.RSTGHT BOARD • OVERS b2

/M?

DATE: 05-30-2007 CLASSIFIED BY 6S179/DHH/ESP./'RIJ REASON: 1.4 [ c , d j DECLASSIFY ON: OS-30-2032

Synopsis: '"_J^ It is the opinion of the Office of the General Counsel (OGQ) that this matter is not reportable to the Intelligence Oversight Board (IOB). Rather, it should be maintained in the control file fcr periodic review by Counsel to the IOB. Our analysis follows.

(U)

>0
Reference b2 b7E

Declassify On: ^©511213^ 278-HQ-C1229736-VIO serial 1806

(U)
(U)

• X

Detail* requested that The referenced serial from OGC Us: review' W the facts of the captioned matter and determine whether it warrants reporting to the IOB. As explained below, in our revieWtn opinion, the FBI is not required to report this matter to the IOB.
Pursuant f n anfhnri7oH r % i ^ 1 -i ™^ ~ ^ ~ . .

bl b6 b7C

(S)

I a National -ayt!ul ity Letter (NSL) ±or| e-mail account requesting electronic communications transactional information,
SEfeMfl

O'n/DOJ REVIEW GATE: m INVESTIGATE Tito) m;&\ MITIGATION: VL>
,JM'

JZPcfi
b6 b7C

b2 b7E

SECRET To: Re: From: Office of the General Counsel 278-HQ-C1229736-VIO, 12/13/2006

Upon viewing the information provided| | in response to the (U)NSLy| [determined that the content of the e-mail messages was included with the header and footer information. TFO advised SRA| ~| of the situation. Contact was made with | | Associate Division Counsel | [ f o provided rh details on how to report the incident and handle the material. (U) There were no reports written or leads set as a result of obtaining these records. Efforts are currently underway to separate the header and footer information from content. The original disk will then be forwarded to the Chief Division Counsel or FBIHQ as directed. (U) The President, by Executive Order 12334, dated 12/04/1981, established the President's Intelligence Oversight Beard (PIOB). On 09/13/1993, by Executive Order 12863, the President renamed it the Intelligence Oversight Board (IOB) and established the Board as a standing committee of the President's Foreign Intelligence Advisory Board. Among its responsibilities, the IOB has been given authority to review the FBI's practices and procedures relating to foreign intelligence and foreign counterintelligence collection. (U) Section 2.4 of Executive Order 12863 mandates that Inspectors General and General Counsel of the Intelligence Communiry components (in the FBI, the Assistant Director, Inspection Division (INSD), and the General Counsel, Office of the General Counsel (OGC), respectively) report to the IOB intelligence activities that they have reason to believe may be unlawful or contrary to Executive Order or Presidential Directive. This language has been interpreted to mandate the reporting of any violation of a provision of The Attorney General's Guidelines for FBI National Security Investigations and Foreign Intelligence Collection (NSIG), effecti ve 10/31/2003, or other guidelines or regulations approved by the Attorney General in accordance with EO 12333, dated 12/04/1981, if such provision was designed to ensure the protection of indivi dual rights. Violations of provisions that merely are admini strative in nature and not deemed to have been designed to ensure the protection of individual rights are generally not reported to the IOB. The FBI Inspection Division is required, however, to ma intain records of such administrative violations for three years so that the Counsel to the IOB may review them upon request . The determination as to whether a matter is "admini strative in

SECKST

b2 b7E

SfcC^ET To: | I From: Office of the General Counsel Re: 278-HQ-C1229736-VIO, 12/13/2006 nature" must be made by OGC. Therefore, such administrative violations must be reported as potential IOB matters.

() U

NSLs are a specific type of investigative tool that allows the FBI to obtain certain limited types of information without court intervention: (1) telephone and email communication records from telephone companies and internet service providers (Electronic Communications Privacy Act, 18 U.S.C. § 2709); (2) records of financial institutions (which is very broadly defined) (Right to Financial Privacy Act, 12 U.S.C.§ 3414(a)(5)(A)); (3) a list of financial institutions and consumer identifying information from a credit reporting company (Fair Credit Reporting Act, 15 U.S.C.§§ 1681u(a) and (b)); and (4) full credit report in an international terrorism case (Fair Credit Reporting Act, 15 U.S.C. § 1681v). NSLs may be issued in conformity with statutory requirements, including 18 U.S.C. § 2709. NSIG, section V.12. Here, during an authorized investigation, the FBI properly served an NSL on an electronic communications service provider. In response to the properly served NSL, the FBI obtained informat inn hpvnnri the scope of the NSL (email content information). FBll I identified the problem, and properly sequestered the email content information. There were no reports written or leads set as a result of the email content information. (U) Based upon these facts, in accordance with the terms implementing the reporting requirements of Section 2.4 of EO 12863, it is our opinion that this error is not reportable to the IOB. A record of this decision should be maintained in the control file for future review by the Counsel to the IOB.

(1 0

b2 b7E

(U) should contact the carrier and ask whether the improperly or unintentionally acquired information should be r p h i r n ^ or destroyed with appropriate documentation to the file. should not view any content information but should request, the carrier to provide only that information authorized by law.

SEC^JT

3

SECSlET

To: Re:
b2 b7E

From:

Office of the General Counsel

278-HQ-C1229736-VIO,

12/13/2006

LEAD(s) : S e t Lead 1: (Info)

[U) I should contact the carrier and ask whether the improperly or unintentionally acquired information should be returned or destroyed with appropriate documentation to the file. Set Lead 2: (Info)

COUNTERTERRORISM AT WASHINGTON, D.C. (U) Set Lead 3: For information. (Action)

INSPECTION AT WASHINGTON. D.C. (U) INSD should retain a record of the report of the potential IOB matter, as well as a copy of the OGC opinion concluding that IOB notification is not required, for three years for possible review by the Counsel to the IOB.

CG:

b6 b7C

I

I
IOB Library

••

SECfe^T

(Rev, 01-31-2003)

FEDERAL BUREAU OF INVESTIGATION

Precedence: To: From:
b6 b7C b2

ROUTINE Attn: NSLB

Date:

01/12/2007

General Counsel

Inspection I n t e r n a l Investigations Section. T T . Rnnm ^041 PT Contact: CRS Miller David I a n ^ H J ^ ' ^J^}1
ALL

Approved By: Drafted By: Case ID #: Title: (U)

IHFORHATICIH COHTAIHED

HEREIN IS UNCLASSIFIED DATE 05-30-2007 BY 65179/DHH/KSR/RW

(U) 278-HQ-C1229736-VIO

(Pending)

INTELLIGENCE OVERSIGHT BOARD MATTER INSD/IIS TRACKING# 3159 OGC/lOB# 2007-1 I b2

Synopsis: (U) To report a potential Intelligence Oversight Board (IOB) matter to the Office of General Counsel, National Security Law Branch (NSLB). Reference: (U) 278-HQ-C1229736-VIO Serial 1806 278-HQ-C1229736-VIO Serial 1899

Details: (U) The, Tnternal Investigations Section (IIS) received an EC froml Division dated 10/21/2006, reporting a possible error, Based upon a review of the referenced EC it is the IIS's opinion the incident described therein is administrative in nature. Therefore, no internal investigation will be conducted by the IIS and this matter is being relegated to the NSLB for whatever action they deem appropriate.

••

(Rev 01-31-2003)

SEC^ET//20320117

FEDERAL BUREAU OF INVESTIGATION
Precedence:
b2 b7E b6 b7C

ROUTINE Attn:

Date:

01/17/2007

To: From:

SAC (Personal Attention)

Inspection Internal Investigations Section, IPU, Room 3041 Contact: CRS Miller David Ian1
DECLASSIFIED BY S5179/DHH/KSR,'RTiJ OH 05-30-2007

Approved By: Drafted By: Case ID #: Title: (U)

(U)

263-HQ-O-U

644

(Pending)

INTELLIGENCE OVERSIGHT BOARD MATTER INSD/IIS TRACKINGS 315 9 b2 OGC/lOB# 2007| |

Synopsis: (U) To advise that captioned reporting of potential Intelligence Oversight Board (IOB) violation has been reviewed by the Internal Investigations Section (IIS), and is not considered willful misconduct. This matter is returned to the field for corrective action as appropriate. Case closed at IIS.

(U)

X
Enclosure(s): Reference: (U)

Derix Dec]

2m 3n: ^J*iM}-U7_.

(U) 278-HQ-C1229736-VIO Serial 1806

b2 b7E

278-HQ-C1229736-VIO Serial 1806 278-HQ-C1229736-VIO Serial 1899 Details: (U) Upon review of ]D ivision's captioned report of a potential IOB violation, IIS did not find the matter indicative of willful misconduct. IIS only addresses allegations where deliberate and/or aggravated misconduct is evident. (U) IIS recognizes and appreciates that this matter was brought to our attention as required by the revisions mandated by National Security Law Branch/OGC EC, dated 11/16/2006 (278-HQ-C1229736, serial 2570). THIS EC IS UNCLASSIFIED WHEN SEPARATED FROM CLASSIFIED ENCLOSURE.

••

ssci S\CRET//20320117

U.S. Departme

of Justice

Office of the Inspector General

Washington, D.C. 20530

DATE:

January 30, 2007

TO:

Kenneth W. Kaiser Assistant Director Inspection Division Federal Bureau of Investigation Glenn G. Powell Special Agent in Charge Investigations Division OIG Complaint No. 2007002647 Subject: Unidentified £ (Division FBI No. 263-0-U-644 CMS No. 3159

ALL FBI INFORMATION CONTAINED HEREIN IS UNCLASSIFIED DATE 05-30-2007 BY 65179/DHH/KSR/RW

FROM:

SUBJECT
b2 b7E

••

We consider this a management matter. The information is being provided to you for whatever action you deem appropriate in accordance with your agency's policy and regulations. A copy of your findings and/or final action is not required by the OIG. This matter is referred to your agency for investigation. Please provide the OIG with a copy of your final report on this matter. This complaint will be investigated by the OIG. IMPORTANT NOTICE
Identifying information may have been redacted from the attached OIG Report/Referral pursuant to § 7 of the IG Act or because an individual has (a) requested confidentiality or (b) expressed a fear of reprisal. If you believe that it is necessary that redacted information be made available to your Agency, you may contact the Assistant Inspector General for Investigations. Please be advised that, where adverse action is not contemplated, the subject of an investigation does not have a right to have access to an OIG Report/Referral or to the identities of complainants or witnesses, and that, in all cases, complainants and witnesses are entitled to protection from reprisal pursuant to the Inspector General Act and the Whistleblower Protection Act

I I I I

Attachment

b2

OIG - INVESTIGATIONS DIVISION Received By: SUBJECT: Unidentified, FBI Title: UNID Component: FBI Hisc: Home: Phone: Work: Phone: COMPLAINANT: Title: SSA Component: FBI Misc: ^ ^ ^ _ ^ ^ _

-

Complaint Form Date Received:

01G NO.I

12/20/2006

E

JM
How Received: "b6 b7C T>2

Pay Plan: EOD Date:

ZIP: ZIP:

SSNO D.O.B. Alien No. F.B.I.No. B.0.P.No. D/L No. Offenses

68?

Pay Plan: . EOD Date -

Home: I
Pnone: Work: , , Phone: (202) Confidential Details: ZIP ZIP: Revealed:

SSNO D.O.B. Alien No. F.B.I.No. B.O.P.No. D/L No.

b6 b7C b2 none b2 | bl b2 b7E

Authority:

The FBI provided information regarding a potential IOB matter (2007|

(s;
Dn 10/3/06, the! Division issued an NSL requesting biHUuiUUlL' communication transactional information for the subject of its investigation, review of the information provided revealed that the content of the email messages was included with the header and footer information. FBI/OGC determined that this matter does not need to be reported to the IOB.
ALLEGATIONS: 689 IOB V i o l a t i o n

Occurrence Date: CITY:I E DISPOSITION DATA:

2006

TIME: Zip:

b2 b7E

Disposition:

M

Date:

12/20/2006 01/29/2007

Approval: POWELL, GLENN G Component: FBI

Referred to Agency: FBI Patriot Act: N Sensitive: N Remarks:

Date Sent:

Civil Riqhts: N Whistleblower: N

Component Number: 263-0-U-644 Consolidated Case Number:

Predicating material contains classified information which will be maintained within OIG/INV. 1/30/07: Sent to Kaiser/FBI. (stp)

DATE: 05-30-2007 FBI INFO. CLASSIFIED BY 65179/DMH/KSR/RCT REASON: 1.4 (c) DECLASSIFY ON: 05-30-2032

Page 1 ot 1

Printed 01/29/2007

3:22:OS

Freedom of Information and Privacy Acts
SUBJECT: NATIONAL SECURITY LETTERS FOLDER: 3 1 3 - Q - O - V)0lur*£ 3 0

Federal Bureau of Investigation

FEDERAL BUREAU OF INVESTIGATION FOIPA DELETED PAGE INFORMATION SHEET Serial Description ~ COVER SHEET Total Deleted Page(s) - 3 Page 54 ~ Duplicate EC dated 1/10/07 Page 55 - Duplicate Page 56 ~ Duplicate

xxxxxxxxxxxxxxxxxxxxxxxx
X Deleted Page(s) X No Duplication Fee X for this Page X X X

xxxxxxxxxxxxxxxxxxxxxxxxx

FD-%2 (Rev 03-21-2005)

b2

FEDERAL BUREAU OF INVESTIGATION
Precedence: To: Prom:
b2 b7E b6 b7C

ROUTINE A«£n: Attn:

Date:

07/03/2006

Inspection General Counsel

IIS, Room 11861 NSLB, Room 7975

Contact Approved By

SA
ALL IHF0RHATI0H CONTAINED HEREIN 15 UNCLASSIFIED EXCEPT WHERE SHOOT OTHERWISE DATE: 05-31-2007 CLASSIFIED B? 65179/DMH/KSR/RliT REASON: 1.4 [c,d) DECLASSIFY OH: 05-31-2032

Drafted By:

(U)

CaseID #:
Title: (U)

)

278-HQ-C1229736-VIO

ST^ SSRAT

1073946 INTELLIGENCE OVERSIGHT BOARD (IOB) ERROR
&

IU)

Synopsis:^g£

To report possible IOB error.

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(UJ
Details:
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X
(S) (S) 1 2 3. Possible IOB Error: NFIPM Section Reference: Section 2-02

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Description of IOB Error (including any reporting delays) (S)

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To: Re:
in

I n s p e c t i o n From: J ^ K " 278-HQ-C1229736-VIO, 07/03/2006
t h e NSL f o r the HniP riPrinri rpmipst-.pri. hut inHirat-pH a l s o in the>

(S)

mahov-i ai c returned that a prior to the time period requested in the ASh. Lflil records provided/

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Therefore, the

(S)
jgi \S/ 05} After opening the results to begin analysis a fpw Hava after receiving the toll record^".E^ noticed the error and promptly notitied the| [cDC via email. bl Due to trainings and conferences out of state during the month of r „, June.1 I CDC was not able to respond until 06/30/2006 *<> sa b2 -• b6 t** ( I l h O U l r l e s 1rpga¥rH n r » a n r m - i n - i r m n n h-Vi-ta n A P H - ^ n r e p o r t b7C have been Ail error. Thetoll iet;oiuBi cixujt. ins uuii recordsf nave not oeen b7D bj analyzed or added to any databases, and have been sequestered with the b7E CDC.

(

SEbs^T ,. ., (J " To: Inspection From: , ,

b2 b7E

Re: -~)SQ LEAD(s):

278-HQ-C1229736-VIO, 07/03/2006

Set Lead 1:

(Action)

INSPECTION AT WASHINGTON. DC (U) Set Lead 2: For action deemed appropriate. (Action)

GENERAL COUNSEL AT WASHINGTON. DC (U) For action deemed appropriate.

••

•7

f
SECRET

L •& : * • ) . * •

77\

(Rev. 01 -3! -2003)

SE'

FEDERAL BUREAU OF INVESTIGATION
Date: 12/28/2006

Precedence: To:
b2 b7E b6 b7C

ROUTINE

Attn:

SAC CDC SSRAT SA ITOS II, GOU

1
1
IIS,

Counterterrorism Inspection From:

Attn: Attn:

Km 1186b
General Counsel N a t i o n ail Sj c u r i t y T.aw Rranrh/rTT.n l Se Contact; Thomas Jul
TT/T.Y-I

v}-inn

Approved By: Drafted By:

~7ffW

ALL INFORMATION C0HTAIHED HEREIN IS UNCLASSIFIED EXCEPT WHERE SHOOT OTHERWISE "-^— \
l

Y-T

Uw'

DATE: 05-30-2007
CLASSIFIED BY 65I79/DHH/KSR/RU DECLASSIFY ON:

(U)

Case ID •#•*- -(S) 278-HQ-C1229736-VIO (pending) / \ Intelligence Oversight Board Title: (IOB) Matter 2006' '

REASON: 1.4 (c) 05-30-2032

(U)

Synopsis:/§) It is the opinion of the Office of the General Counsel that the above referenced matter need not be reported to the Intelligence Oversight Board (IOB). Our analysis follows.

(U)
Reference: Administrative: (U) This communication contains one or more footnotes. To read the footnotes, download and print the document in Corel WordPerfect.

Details: J^C By electronic communication (F.C) dated July 3, b2 (U) 2006 (278-~HO -C12 2 !9736 Seriall517) Field Office b7E [ J reported to the Office of the General Counsel (OGC this potential IOB matter.

1

b6 b7C

OIG/DOJ REVIEW!, FBI INVESTIGATE OIG/DOJINVESTIGAfK

(U)

b2 b7E

sbs^Ei ET
To: Re: From:

-y^—27^ HQ-C1229736-VIO,
(S)

General Counsel 12/28/2006

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J Whenj
aiscoverea[_ Jerror J _ I Chief Division Counsel ^reported that the toll (CDC) was promptly notified.I records were not analyzed or added to any databases, and the records have been sequestered with the CDC.

(U)

As required by Executive Order (E.O.) 12863 (Sept. 13^ 19^-3) and Section 2-56 of the National Foreign Intelligence Program Manual (NFIPM), OGC was tasked to determine whether the error described herein is a matter that should be reported to the IOB. The reported activity does not require IOB notification. this case, an error on |_ jsulted in the unintentional acquisition of information. Upon learning! provided information beyond the scope of the NSL, the FBI sealed and sequestered the excess information with the CDC.

1£L

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(£0 Based upon our analysis, the carrier's mistake is not reportable to the IOB as the FBI has not acted unlawfully or contrary to Executive Order or Presidential Directive. Pursuant to the Revised Procedures for the Submission of Reports of Potential Intelligence Oversight Board (IOB) Matters, Reports of potential IOB matters determined by OGC not to require notification to the IOB will be retained by INSD for three years for possible review by the Counsel to the IOB, together with a copy of the opinion concerning the basis for the determination that IOB notification was not required.1 Accordingly, OGC will request that the Inspection Division retain a record of the report of a potential IOB matter for three years, together with a copy of this opinion for possible review by the Counsel to the IOB.

See 66F-HQ-A1247863 Serial 172 at 6 (2/10/2005)

ET »£€KET

b2 b7E

SECRXT :R^T To: Re:

From: G e n e r a l Counsel >&i278-HQ-C1229736-VTO, 12/28/2006

LEAD(s) : S e t Lead 1 : (Action)

(U) The field should contact the carrier and ask whether the improperly or unintentionally acquired information should be returned or destroyed, with appropriate documentation to the file. Set Lead 2: (Info)

COUNTERTERRORISM AT WASHINGTON, DC (U) Set Lead 3: Read and clear. (Action)

INSPECTION AT WASHINGTON. DC (U) As provided in the Revised Procedures for the Submission of Reports of Potential Intelligence Oversight Board (IOB) Matters, retain a record of the report of a potential IOB matter for three years for possible review by the Counsel to the IOB, together with a copy of the OGC opinion concerning the basis for the determination that IOB notification is not required. ••

SECkE^ 3

(Rev. 01-31-2003)

FEDERAL BUREAU OF INVESTIGATION
Precedence: To: From: ROUTINE Attn: NSLB
b6 b7C

Date:

01/12/2007

General Counsel

Inspection Internal Investigations Ss^.inn. TPTT, Room 3 041 Contact: CRS Ext r i
Miller David Ian^ju,!^ Y^t-i,
ALL

Approved By: Drafted By: |

INFORMATION CONTAINED

Jkas
(U) 278-HQ-C1229736-VIO

HEREIN IS UNCLASSIFIED
DATE 05-30-2007 BY 65179/DHH/KSR/RliJ

Case ID #: Title: (U)

[ Pending)
b2

INTELLIGENCE OVERSIGHT BOARD MATTER INSD/IIS TRACKING# 2 569

OGC/lOB# 2006J

" 1

Synopsis: (U) To report a potential Intelligence Oversight Board (IOB) matter to the Office of General Counsel, National Security Law Branch (NSLB). Reference: (U) 278-HQ-C1229736-VIO Serial 1517 278-HQ-C1229736-VIO Serial 1986
b2 b7E

Details: (U) The Internal T n v p o H g a H n n e Section (IIS) received an EC fronl I dated 07/03/2006, reporting a possible I U B error. Based upon a review of the referenced EC it is the IIS's opinion the incident described therein is administrative in nature. Therefore, no internal investigation will be conducted by the IIS and this matter is being relegated to the NSLB for whatever action they deem appropriate. ••

ev. 01-31-2003)

S|ieKBa^720320117

FEDERAL BUREAU OF INVESTIGATION
Precedence: To: From: ROUTINE
b2 b7E

Date: Attn:

01/17/2007

SAC (Personal Attention)
b6 b7C

Inspection Internal Investigations Section, IPU, Room 3 041 Contact: CRS| | Ext J Miller David Ian

Approved By: Drafted By: Case ID #: Title: (U)

DECLASSIFIED BY 65179/DMH/KSFU'Rt'I ON 05-30-2007

(U)

263-HQ-O-U - 678

(Pending)
b2

INTELLIGENCE OVERSIGHT BOARD MATTER INSD/IIS TRACKING# 2569 OGC/IOB# 2006-J |

Synopsis: (U) To advise that captioned reporting of potential Intelligence Oversight Board (IOB) violation has been reviewed by the Internal Investigations Section (IIS), and is not considered willful misconduct. This matter is returned to the field for corrective action as appropriate. Case closed at IIS.

X
Enclosure(s): Reference: (U)

[20117 (U) 278-HQ-C1229736-VIO Serial 1517 278-HQ-C1229736-VIO Serial 1517 278-HQ-C1229736-VIO Serial 1986
b2 b7E

Details: (U) Upon review oq |captioned report of a potential IOB violation, IIS did not find the matter indicative of willful misconduct. IIS only addresses allegations where deliberate and/or aggravated misconduct is evident. (U) IIS recognizes and appreciates that this matter was brought to our attention as required by the revisions mandated by National Security Law Branch/OGC EC, dated 11/16/2006 (278-HQ-C1229736, serial 2570). THIS EC IS UNCLASSIFIED WHEN SEPARATED FROM CLASSIFIED ENCLOSURE. ••

//20320117

U.S. Departme. .»f Justice Office of the Inspector 0^-r;J

Wa.shiiixi<m. t) (.'.'. .WiO

DATE:

January 29, 2007

TO:

Kenneth VV. Kaiser Assistant Director Inspection Division Federal Bureau of Investigation Glenn G. Powell Special Agent in Charge Investigations Division OIG Complaint No. 2007002618 Subject: | FBI No. 263-0-U-678 CMS No. 2569

ALL FBI INFORMATION CONTAINED HEREIN 15 UNCLASSIFIED DATE 05-30-2007 BY 65179/MnUK3R/OT

FROM:

SUBJECT:

b6 b7C b2 b7E

I 1

We consider this a management matter. The information is being provided to you for whatever action you deem appropriate in accordance with your agency's policy and regulations. A copy of your findings and/or final action is not required by the OIG. This matter is referred to your agency for investigation. Please provide the OIG with a copy of your final report on this matter. This complaint will be investigated by the OIG. IMPORTANT NOTICE
Identifying information may have been redacted from the attached OIG Report/Referral pursuant to § 7 of the IG Act or because an individual has (a) requested confidentiality or (b) expressed a fear of reprisal. If you believe that it is necessary that redacted information be made available to your Agency, you may contact the Assistant Inspector General for Investigations. Please be advised that, where adverse action is not contemplated, the subject of an investigation does not have a right to have access to an OIG Report/Referral or to the identities of complainants or witnesses, and that, in all cases, complainants and witnesses are entitled to protection from reprisal pursuant to the Inspector General Act and the Whistleblower Protection Act.

I

1

J 1

Attachment

b2

OIG

INVESTIGATIONS DIVISION

Complaint Form Date Received:

OIG NO. 01/08/2007

89-2007-002618-M How R e c e i v e d :

R e c e i v e d By: SUBJECT: | Title: SA Component: FBI Misc: ^ _ _ _ _ Home: J Phone: () Work: , , Ph .ie: (202) SUBJECT: | Title: SSA Component: FBI Misc: ^ ^ ^ _ ^ _ _ Home: I Phone: 0 Work: Phone: (202) COMPLAINANT: Title: SSA Component: FBI Misc: ^ ^ ^ _ ^ _ _ Home: I Phone: () Work: , , Phone: (202)Q Confidential : Details:

Pay P lan:E ate:|_ EOD Dat

ZIP: ZIP:

SSNO:[ D.O.B.j_ Alien No. F.B.I.No. B.O.P.No. D/L NO. Offenses 689

Pay Plan: EOD Date:

ZIP ZIP

SSNO D. 0. 3 . Alien No. F.B.I.No. B.O.P.No. D/L No. Offenses 689

b6 b7C b2

SSNO Pay Plan:T EOD D a t e C

n. o. B .
Alien No. F.B.I.No. B . O .P.No. D/L No. Authority: none

ZIP ZIP: Revealed:

Zl

Information provided bv the FBI/INSD reoortinq a potential IOB matter involv ing impr ope rly received information IOB #2006] | Luring an authorised investigation, the FBI properly served a National Secur ity Lett 'zi r (NSL) on a ccnmunications ;provider for information regarding the target of the FBI inv esti ydt ion. In response, the FBI obtained information beyond the scope of the NSL. The FBl| Division identified che problem and indicated that the unau thorized ^forjMt, ^on has n o t analyzed or added to any databases and has been sequestered with| |CDC been

1

It is the opinion of the Office of the General Counsel that this matter need not be rep or ted to the 103. vALLEGATIONS: 689 IOB Violation b7E Occurrence Date: 06/08/2006 TIME: CITY: | State: Zip: DISPOSITION DATA: Disposition: M Date: 01/08/2007 Approval: POWELL, GLENN G Component: FBI Component Number Consolidated Case Number 263-0 U 6 7 8 , 2569

Referred to Agency: Patriot Act: N Sensitive: N

Date Sent: Civil Riahts: N Whistleblower: N

ALL FBI INFORMATION CONTAINED HEREIN IS UNCLASSIFIED DATE 06-06-2007 BY 6S179/DMH/KSR/RW

b2 OIG - INVESTIGATIONS DIVISION Remarks: Predicating material contains classified information that will be stored in a secure container within OIG/INV/HQ. 1/29/07 - Sent to AD Kaiser, FBI/INSD. (yht) Complaint Form OTG NO. 689-2007-002618-M

(Rev. 01-31-2003)

SECRET

FEDERAL BUREAU O F INVESTIGATION
Precedence: To: ROUTINE Date: NSLB Room 7947 Internal Investigations Section Room 3 041 10/25/2006

Office of the General Counsel Attn: Inspection

Cyber

SSA[
C3IU-1 Room 5 9 3 1
ALL

From: \_

iHFOBHATIOEr CQHTAIHED HEREIH IS TJITCLASSIFIED EXCEPT WHERE SHOOT OTHERWISE

T Contact:
Approved ByDrafted By:

S^
DATE: 05-30-2007 CLASSIFIED BY 65179/DHH/KSR/TO REASON: 1.4 (c)
DECLASSIFY OH: 05-30-2032 b2 b7E b6 b7C b7A

(U)
(U)

C a s e I D # i

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ending) (Pending) (Pending)

maer.

INTELLIGENCE OVERSIGHT BOARD (IOB) MATTER To r e p o r t p o s s i b l e IOB v i o l a t i o n .

(U)Synopsis:>jrf

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SECBET

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SfeCjMft' <u> & Qffj.ce of t h e G e n e r a l Counsel From: 278-HQ-C1229736-VIO, 1 0 / 2 5 / 2 0 0 6

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pff_j.ce of t h e G e n e r a l C o u n s e l From: 278-HQ-C1229736-VIO, 1 0 / 2 5 / 2 0 0 6

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a n a l y s i s of t h e m a t e r i a l then reported the matter SSA| As p e r t h e NSLB g u i d e l i n e s , t h i s Commuriicat 'un nay fieen p r e p a r e d .

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CUT SECRET 3

SECRET (U) To: Office of the General Counsel From: Re: ^&f 278-HQ-C1229736-VIO, 10/25/2006
1 b2 b7E

LEAD(s): Set Lead 1: (Info)

OGC (NSLB) AT WASHINGTON, DC (U) Please provide guidance as to how to handle overreported information. Set Lead 2: CYBER AT WASHINGTON. DC (U) Set Lead 3: Read and Clear. (Info) (Info)

INSPECTION AT WASHINGTON. DC (U) Please provide guidance as to how to handle overreported information.

••

SCfi^T SECTCT

4

(Rev. 01-31-2003)

SESTET

FEDERAL BUREAU OF INVESTIGATION
Precedence: To: ROUTINE Attn: Date: 12/12/2006

b2 b7E b6 b7C

Counterintelligence Inspection Division From:

Attn: Attn:

SSA IIS, CRS

C3IU-1

Office of the General Counsel NSLB/CILU/Room 7947 / Contact: AGC Thomas Julie F

ALL IIIFORHATIOH C0HTAIHED HEREIH I S UNCLASSIFIED EXCEPT WHERE SHOOT OTHERWISE

Approved By: Drafted By:

DATE: 05-31-2007 CLASSIFIED BY 65179/DHH/KSR/RW REAS0H: 1.4 (c) ( ^
DECLASSIFY OH: 05-31-2032

(U)

Case ID t : .Title:

W

278-HQ-C1229736-VIO'
INTELLIGENT MATTER 200

(Pending)
b2

(U)
(U)

Synopsis: / ( ^ | |requested that the Office of the General Counsel (OGC) review an incident and determine whether it warrants reporting to the Intelligence Oversight Board (IOB). It is the opinion of OGC that the incident does not need to be reported to the IOB. Rather, this EC should be maintained in the control file for periodic review by Counsel to the IOB. (U)

X

°t

QiffiRSJGHT BOARD

b2 b7E

(U)

Administrative: ^ f This electronic communication (EC) contains information from: the EC dated 10/25/2006 frorl Vo OGC reporting a potential IOB matter. Reference: 278-HQ-C1229736-VIO J^UAl l l ^

b2 b7E

(U)

SECRET

OIG/DOJ REVIEW: FEI INVESTIGATION-!"; mm INVESTIGATION:

MIE-r'Stf")

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SE^ET To: Re: From: Office of the General Counsel 278-HQ-C1229736-V10, 12/12/2006

b2 b7E

(U)

D e t a i l s : ^ \ By EC dated 10/25/20061 [requested t h a t OGC review an incident and determine whether i t warrants r e p o r t i n g to the IOB.
(S]

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SEp^ET
2

OTQRET To: Re: From: O f f i c e of t h e G e n e r a l 2'/H-H0-C'122y7Jb-VlO, 1 2 / 1 2 / 2 U U 6 Counsel
b2 b7E

(U) Section 2.4 of Executive Order (E.O.) 12863, dated 09/13/1993, mandates that Inspectors General and General Counsels of the Intelligence Community components (in the FBI, the Assistant Director, INSD, and the General Counsel, OGC, respectively) report to the IOB "concerning intelligence activities that they have reason to believe may be unlawful or contrary to Executive order or Presidential directive." This language was adopted verbatim from E.O. 12334, dated 12/04/1981, when the IOB was known as the President's Intelligence Oversight Board (PIOB). By longstanding agreement between the FBI and the IOB (and its predecessor, the PIOB), this language has been interpreted to mandate the reporting of any violation of a provision of the Attorney General Guidelines for National Security Investigations and Foreign Intelligence Collection (NSIG), or other guidelines or regulations approved by the Attorney General in accordance with E.O. 12333, dated 12/04/1981, if such provision was designed in full or in part to ensure the protection of the individual rights of U.S. persons. Violations of provisions that are essentially administrative in nature need not be reported to the IOB. The FBI is required, however, to maintain records of such administrative violations so that the Counsel to the IOB may review them upon request. (U) On 03/28/2006, the FBI's National Security Law Branch (NSLB) sent a letter to the Counsel for the IOB requesting their concurrence to treat third party errors as non-reportable, though NSLB would still require the field to continue to report any improper collection under an NSL as a potential IOB matter. By letter dated 11/13/2006, the Counsel to the IOB agreed that third party errors in the collection of information pursuant to an NSL must be reported to the FBI OGC, but are not reportable to the IOB. (U) In the instant case the collection of information by the FBI was not the fault o| |3nce the case agent discovered that he had received information beyond the scope of the NSL request, the case agent immediately sequestered the information, placed the information in a secure safe and reported the matter to OGC.

SEJJfcRST

3

To: Re:

From: Office of the General Counsel 2/a-H0-C122^/3b-V 10, 12/12/2006

b2 b7E

LEAD(s) : Set Lead 1: (Information)

INSPECTION AT WASHINGTON. DC (U) For information. (Information)

Set Lead 2:

COUNTERINTELLIGENCE AT WASHINGTON. DC (U) For information. (Action)

Set Lead 3:

A' (U) cc: For action deemed appropriate.

b2 b7E

1- Ms. Thomas 111- IOB Library

b6 b7C

••

4

Related Interests

b2 |

I

letermined I

b2 bl Jdisconnected b7E naa ceased immediately.

FBI/OGC determined that this matter must be reported to the IOB. ALLEGATIONS: 689 IOB Violation Occurrence Date: 09/27/2006 TIME: b2 Zip: CITY:! b7E E Date: 12/22/2006 DISPOSITION DATA: Disposition: M Approval: POWELL, GLENN G Referred to Agency: FBI Patriot Act: N Sensitive: N Remarks: Predicating material contains classified information which will be maintained in a secure, container at OIG/INV. (stp) 1/25/07: Sent to Kaiser/FBI. (stp) Date Sent: 01/24/2007 Component: FBI

Civil Riqhts: N Whistleblower: N

Component Number: 263-0-U-635 Consolidated Case Number:

DATE: 05-30-2007 FBI IHF0. CLASSIFIED BY 65179/DHH/KSR/RW REASOH: 1.4 (c) DECLASSIFY OH: 05-30-2032

Page 1 &t 1

Printed 01/24/2007

3:26:11

FD-962 (Rev 03-21-2005) QPTSRET

F E D E R A L B U R E A U OE I N V E S T I G A T I O N
Precedence: To: ROUTINE Attn: Attn: Attn: Date: 09/07/2006

Inspection General Counsel

IIS, Room 11861 NSLB, Room 7 975
CDC

b2 b7E b6 b7C

From Contact: Approved By: Drafted By:
SA
ALL ll'li- 0FHATI0H CONTAINED
HEREIN I S UNCLASSIFIED EXCEPT WHERE SHOOT OTHERWISE

() U

Case ID # : < X ^ " Title: (U) SA
SSH

278-HQ-C1229736-VIO 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INTELLIGENCE OVERSIGHT BOARD (IOB) ERROR
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Synopsis;

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To r e p o r t p o s s i b l e

IOB e r r o r .
DATE: 05-31-2007 CLASSIFIED BY 65179/DHH/KSR/RW REASON: 1.4 (c,d) DECLASSIFY OH: 05-31-2032

_^__^^ ^ ^ _ Dertved^Fr^-^r^G-3 DecJ»a«sirty^On*-^^Xl

Details: (S)

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Possible IOB Error;

(S) 4. Description of IOB Error (including any reporting ys) . IS)

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3GKI SECRET

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To: Re:

Inspection From: | > C 278-HQ-C1229736-VIO, 09/07/2006

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£fc$ T h i s NSL was s e r v e d on| | w h i c h SUhseauentlv 1 ,*,, provided toll records for this telephone number toL ( 5 ) ___EkiatLaiQB ...rT t T o fnrwarHsd the results of the NSL to[ .vy.i - n n

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"Ipivision received the <*>[ ] Upon initial captioned NSL toll records | _ review of the first-page of the toll record documents, SA[ . . determined that the subscriber was not that of the Captioned Subject and subsequently determined that the records were for | | which was the number requested, but i h t t v » fri,» mimhpr that - a - -w should have been requested^

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y^S In review of both the NSL requesting EC and the NSL I it was determined that the correct number was listed ( g ) -Letter! within the body of the requesting EC, but had been incorrectly annotated in the_ 'Enclosure paragraph of the requesting EC, and on the NSL Letter

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FD-962 serves as a record that the information the NSL tol 1 records providedl Iwere not contained 'within reviewednor analyzed, no information from these records was recorded or indexed in any database, and that the toll record information was not uploaded | | | ' 1 database. /ft^ Per instruction from the CDC. I Division, on 09/07/2006. SA f Idestroved all the original NSL tol1 records providedL This process was witnessed by SAl I This EC also certifies that . no other copies of these records were produced nor maintained.

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3ECR] SECRET ,„, Wl To: Inspection From: I I Re:(§4 278-HQ-C1229736-VIO, 09/07/2006 LEAD(s) : Set Lead 1: (Action)

INSPECTION AT WASHINGTON, DC (U) Set Lead 2: For action deemed appropriate. (Action)

GENERAL COUNSEL AT WASHINGTON, DC (U) For action deemed appropriate.

••

:R^T SECR

(Rev. 01-31-2003)

SECRET

FEDERAL BUREAU OF INVESTIGATION

Precedence: To:
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ROUTINE tn: SAC I ASACl SSA SAT

Date:

12/11/2006

Counterterrorism Inspection From:

Attn: Attn:

AD I n t e r n a l I n v e s t i g a t i v e Section Room 11865 Attn:

Office of the General Counsel NSLB/CTLU TT/i/T.y-i Y s - m o / Contact: AGC Thomas Julie F

Approved By: D r a f t e d By:

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ALL INFORMATION CONTAINED HEREIN 15 UNCLASSIFIED EXCEPT WHERE SHOWN OTHERWISE

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Case ID #:\^) Title: / K T

278-HQ-C1229736-VTO— /^(^/ INTELLIGENCE OVERSIGHT BOARD MATTER 2007^ | b2

(Pending)
DATE: 05-30-2007 CLASSIFIED BY 65179/DHH/KSR/RN REASON: 1.4 (c) DECLASSIFY ON: 05-30-2032

Synopsis:J?&^ It is the opinion of the Office of the General Counsel (OGC) that this matter must be reported to the Intelligence Oversight Board (IOB). OGC will prepare and deliver the necessary correspondence to the IOB.
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oL'lK-HW-UokWIiC-vac. 4&.M-I lift , o l o n t - r r m - i r . r - r M m n n n - i r . < - -i ^ n (EC) d a t e d Details: ommunxcation J 097o7/2006'f\he[ Field Office [ ] requested that OGC review the facts of the captioned matter and determine whether it warrants reporting to the IOB. In our opinion, it does. Our analysis follows.
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prepared and K> approved a National Security Letter (NSL) seeking subscriber

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OIG/DOJREVIi
FBI INVEST1G 01G/D0JII

To: Re:

From: Office of the General Counsel 278-HQ-C1229736-VIO, 12/11/2006

(U) information and telephone toll records of a certain telephone number. Due to a typographical error, the telephone number on the NSL was erroneously transcribed.1 On 08/31/2006, the telephone records were opened and it was determined that they were not the target's records. The correct telephone number was listed within the body of the requesting EC, but it had been incorrectly annotated in the "Enclosure" paragraph nf the requesting EC, and on the NSL letter to the provider. | | I • Idid not review or analyze the records submitted by Jin response to the NSL, and no information from those records was recorded or indexed in any database. (U) The President, by Executive Order 12334, dated 12/04/1981, established the President's Intelligence Oversight Board (PIOB). On 09/13/1993, by Executive Order 12863, the President renamed it the Intelligence Oversight Board (IOB) and established the Board as a standing committee of the President's Foreign Intelligence Advisory Board. Among its responsibilities, the IOB has been given authority to review the FBI's practices and procedures relating to foreign intelligence and foreign counterintelligence collection. (U) Section 2.4 of Executive Order 12863 mandates that Inspectors General and General Counsel of the Intelligence Community components (in the FBI, the Assistant Director, Inspection Division (INSD), and the General Counsel, Office of the General Counsel (OGC), respectively) report to the IOB intelligence activities that they have reason to believe may be unlawful or contrary to Executive Order or Presidential Directive. This language has been interpreted to mandate the reporting of any violation of a provision of The Attorney General's Guidelines for FBI National Security Investigations and Foreign Intelligence Collection (NSIG), effective 10/31/2003, or other guidelines or regulations approved by the Attorney General in accordance with EO 12333, dated 12/04/1981, if such provision was designed to ensure the protection of individual rights. (U) Violations of provisions that merely are administrative in nature and not deemed to have been designed to ensure the protection of individual rights are generally

(U) In order to avoid any further dissemination of this incorrect telephone number, the number is not being listed in this document. SEC&rfr

1

SECRET To: | | From: Office of the General Counsel Re: 278-HQ-C1229736-VIO, 12/11/2006 not reported to the IOB. The FBI Inspection Division is required, however, to maintain records of such administrative violations for three years so that the Counsel to the IOB may review them upon request. The determination as to whether a matter is "administrative in nature" must be made by OGC. Therefore, such administrative violations must be reported as potential IOB matters. ^ ^ L ^ NSLs are a specific type of investigative tool that allows the FBI to obtain certain limited types of information without court intervention: (1) telephone and email communication records from telephone companies and internet service providers (Electronic Communications Privacy Act, 18 U.S.C. § 2709) ; (2) records of financial institutions (which is very broadly defined) (Right to Financial Privacy Act, 12 U.S.C.§ 3414(a)(5)(A)); (3) a list of financial institutions and consumer identifying information from a credit reporting company (Fair Credit Reporting Act, 15 U.S.C.§§ I68lu(a) and (b)); and (4) full credit report in an international terrorism case (Fair Credit Reporting Act, 15 U.S.C. § I681v). NSLs may be issued in conformity with statutory requirements, including 18 U.S.C. § 2709. NSIG, section V.12. In this situation, due to the incorrect number % stated in the NSL, the FBI received telephone toll billing records pertaining to a telephone number that was neither under investigation nor related to an investigation. Therefore, the information was improperly collected, although unintentionally so, in violation of the NSIG and ECPA. (U) Here, the target's rights were not violated because he was not the subject of the improperly collected information. It is unknown whether the erroneous information received pertained to a United States Person, inasmuch as there has been no review of the information. Nonetheless, based upon the fact that information which may be about a USP was improperly, although inadvertently, collected, and in accordance with the reporting requirements of Section 2.4 of Executive Order 12863, OGC will prepare a cover letter and a memorandum to report this matter to the IOB.

SECRET 3

SECRET To: Re: From: Office of the General Counsel 278-HQ-C1229736-VIO, 12/11/2006

LEAD(s) : Set Lead 1: (Action)

INSPECTION AT WASHINGTON. DC (U) For action deemed appropriate. (Information)

Set Lead 2:

COUNTERINTELLIGENCE AT WASHINGTON. DC (U) For information. (Information) b2 b7E b7D bl

Set Lead 3:

Office should contact and ask. whether the improperly or unintentionally acquired information should be returned or destroyed with appropriate documentation to the file. cc:
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Ms. Thomas IOB Library

••

SECRET

4

December 11, 2006 BY COURIER

Mr. Stephen Friedman Chairman Intelligence Oversight Board Room 50209 New Executive Office Building 72 5 17th Street, Northwest Washington, D.C. Dear Mr. Friedman:

DECLASSIFIED BY 6S179/DHH/K3R/RW OH 05-31-2007

Enclosed for your information is a self-explanatory memorandum entitled "Intelligence Oversight Board Matter 2007 (U)

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The memorandum sets forth details of investigative activity which the FBI has determined was conducted contrary to the Attorney General Guidelines for FBI Foreign Intelligence Collection and Foreign Counterintelligence Investigations and/or laws, Executive Orders, or Presidential Directives which govern FBI foreign counterintelligence and international terrorism investigations. This matter has also been referred to our Internal Investigations Section, Inspection Division, for a determination of whether any administrative action is warranted. (U) Enclosure 1 - 278-HQ-C1229736-VIO •! , j '
UN&H SIFIED^WHi DETACHJ 3IFIED ENCLl DeriT

Decl«

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sifT^n^

Mr. Stephen Friedman Should you or any member of your staff require additional information concerning this matter, an oral briefing will be arranged for you at your convenience. (U) Sincerely,

Julie F. Thomas Deputy General Counsel 1 The Honorable Alberto R. Gonzales Attorney General U.S. Department of Justice Room 5111 Mr. James Baker Counsel, Office of Intelligence Policy and Review National Security Division U.S. Department of Justice Room 6150

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INTELLIGENCE OVERSIGHT BOARD (IOB) MATTER SAN FRANCISCO FIELD OFFICE b2 IOB MATTER 2 0 0 T I U )
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The Federal Bureau of Investigation ("FBI": has £iia£ in rnpducting a| nducting a[ j J the FBI improperly used a National securicy itic Letter (NSL)to obtain subscriber information and telephone toll billing records on a telephone number which was not related to the investigation. The overcollection was due to a mistake in the NSL in identifying the fplpnhnnp number I

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ueneraT"1 s ( j u i a e l i n e s t o r FBI N a t i o n a l S e c u r i t y I n v e s t i g a t i o n s an Foreign Tnt-.ell i a p r i n p f n l l p r f i n n fUSTf^ 1 Tn t-Vi-ie r - o n a H

of The Attorney* and

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(S)

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I issued a relational security Letter (NSL) pursuant to the Electronic Communications Privacy Act, 18 U.S.C. § 2709, to a telephone carrier for the telephone subscriber and toll billing records of a telephone number intended to be identified as that of the target. Instead, one of the numbers within the telephone number was incorrectly written; thus, the information returned from the carrier was subscriber information and the telephone toll billing records of a wholly unrelated telephone number. The error was discovered upon receipt of the information, and the records were not reviewed Derrv^d^fjegnrfHS - 3 _JJej&i3^sify on: SECRET nor used for any investigative purpose. Despite the inadvertent nature of the mistake, the fact remains that information was improperly collected on a telephone number unrelated to an investigation. Thus, the matter is being reported to the IOB.

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ALL INFORMATION CONTAINED HEREIN 15 OTCLASSIFIED EXCEPT WHERE SHOOT OTHERWISE

DATE: 05-30-2007 CLASSIFIED BY 65179/DMH/KSR/RW REASON: 1.4 (cj DECLASSIFY OH: 05-30-2032

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(Rev. 01-31-2003)

FEDERAL BUREAU OF INVESTIGATION
Date: Attn: NSLB 01/11/2007

Precedence: To: From: b6 b7C b2

ROUTINE

General Counsel Inspection
Internal TmrPst-inaHnns

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C o n t a c t : CRS Approved By; Miller David Ian^^/O^ Drafted By: Case ID #: Title: (U) (U) 278-HQ-C1229736-VI0

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ALL HJFORHATION C0HTAINEL HEREIH 15 UNCLASSIFIED DATE 05-30-2007 ET 65179/DHH/KSR/RU

(Pending)

INTELLIGENCE OVERSIGHT BOARD MATTER INSD/IIS TRACKING# 313 5 OGC/lOB# 2007 b2

Synopsis: (U) To report a potential Intelligence Oversight Board (IOB) matter to the Office of General Counsel, National Security Law Branch (NSLB). Reference: (U) 278-HQ-C1229736-VIO Serial 1757 278-HQ-C1229736-VIO Serial 1914

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Details: (U) The Internal Investigations Section (IIS) received an EC fron|_ |Division dated 09/07/2006, reporting a possible IOB error. Based upon a review of the referenced EC it is the IIS's opinion the incident described therein is indicative of a performance issue. Therefore, no internal investigation will be conducted by the IIS and this matter is being relegated to the NSLB for whatever action they deem appropriate.

••

(Rev. 01-31-2003)

SEpSE^C/2 032 0117

FEDERAL BUREAU OF INVESTIGATION
Precedence: To: Inspection Internal In-r?^t"i^a<"i n^a Contact: CRS Approved By: Miller David Ian Drafted By: Case ID #: Title: (U) (U) 263-HQ-0-U - 637 (Pending) From: ROUTINE Attn: Date: 01/17/2007 SAC (Personal Attention)

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DECLASSIFIED BY 65179/DBH/KSR/HJJ ON 05-30-2007

INTELLIGENCE OVERSIGHT BOARD MATTER INSD/IIS TRACKINGS 313 5 OGC/lOB# 2007b2

Synopsis: (U) To advise that captioned reporting of potential Intelligence Oversight Board (IOB) violation has been reviewed by the Internal Investigations Section (IIS), and is not considered willful misconduct. This matter is returned to the field for corrective action as appropriate. Case closed at IIS.
(U)

Deri^ Dec] Enclosure(s): Reference: (U)

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jn:

(U) 278-HQ-C1229736-VIO Serial 1757 278-HQ-C1229736-VIO Serial 1757 278-HQ-C1229736-VIO Serial 1914

b2 b7E

Division's captioned Details: (U) Upon review of report of a potential IOB violation, IIS did not find the matter indicative of willful misconduct. IIS only addresses allegations where deliberate and/or aggravated misconduct is evident. (U) IIS views this matter as a possible performance related issue with respect to the employee and respective supervisor. Therefore, appropriate action relative to this matter is left to the discretion of the division. IIS recognizes and appreciates that this matter was brought to our attention as required by the revisions mandated by National Security Law Branch/OGC EC, dated 11/16/2006 (278-HQ-C1229736, serial 2570) . THIS EC IS UNCLASSIFIED WHEN SEPARATED FROM CLASSIFIED ENCLOSURE.

••
^££^2X7/20320117

b2 OIG INVESTIGATIONS DIVISION Complaint Form Date Received: OIG NO.

Received By: SUBJECT: Title: SS7T Component: FBI
MlSC :

12/21/2006

689-2007-002646-M H O W Received:

Pay Plan: EOD Date:

Home: Phone: () Work: , , Phone: (202; SUBJECT: Title: S#Component: FBI Misc: Home: Phone H" Work:: , , Phone: (202] COMPLAINANT: Title: ATTY Component: FBI
MlSC:

ZIP: ZIP:

SSNO D.O.B. Alien No. F.B.I.No. B.O.P.No. D/L No. Offenses

689

Pay Plan: EOD Date:

ZIP: ZIP:

SSNO D.O.B. Alien No. F. B . I.No. B. O .P.No. D/L No. Offenses 689

b6 b7C b2

Pay Plan: EOD Date:

Home: Phone: () Work: , , Phone: (202) Confidential: Details:

ZIP: ZIP: Revealed:

SSNO D.O.B. Alien No. F. B. I.No. B.O.P.No. D/L No.

Authority:

none

The FBI provided information regarding a potential IOB matter (20071

I

On 7/31/06,I |prepared an NSL seeking subscriber information and telephone toll records. Due to a typographical error, the telephone number on the NSL was erroneously transcribed; therefore, the telecommunications carrier provided records not associated with the subject of the investigation. FBI/OGC determined that this matter does not have to be reported to the IOB. ALLEGATIONS: 689 IOB Violation TTMP. Occurrence Dai-*»l f2006 CITY: Zip: DISPOSITION DATA: Disposition: M Date: 12/21/2006 01/29/2007 Approval: POWELL, GLENN G Component:| | b2

b2 b7E

Referred to Agency: FBI Patriot Act: N Sensitive: N

Date Sent:

Civil Riqhts: N Whistleblower: N

Component Number: 263-0-U-637 Consolidated Case Number: ALL FBI INFORMATION CONTAINED HEREIN IS UNCLASSIFIED DATE 06-24-2007 BY 6S179/diah/k3r/ca]£

Page 1 ot

2

Printed 01/29/2007

2.50.41

b2 OIG - INVESTIGATIONS DIVISION Complaint Form OIG NO. 689-2007-002646-M

Remarks: 1/29/07: Predicating material contains classified information which will be maintained in a secure container at OIG/INV (stp) 1/30/07: Sent to Kaiser/FBI. stp)

Page 2 of 2

Printed 01/29/2007

2:50:41

FD-%2 (Rev. 03-21-2005)

SEch^T/720311017

FEDERAL BUREAU OF INVESTIGATION
Precedence: JJo: rom: Contact
b6 b7C b2 b7E

ROUTINE Attn: Attn:

Date:

10/17/2006

Inspection General Counsel

IIS, Room 11861 NSLB, Room 7975

SA
DATE: 05-30-2007 CLASSIFIED BY 65179/DHH/KSR/RKF REASON: 1.4 (c) DECLASSIF/ 0W: 05-30-2032

Approved By Drafted By: Case I D # : ) 278-HQ-C1229736-VIO- -' •

Title: (U)

(U) S A I

^ 1 .

A/SSA | | INTELLIGENCE OVERSIGHT BOARD (IOB) ERROR Synopsis:\k) To report possible IOB error.

ALL INFORMATION CONTAINED HEREIN IS UNCLASSIFIED EXCEPT WHERE SHOOT OTHERWISE

Details: (S) bi 1.
b6 b7C

(S)

2. 3. (S) Description of IOB Error (including any reporting delays) C&3 The IOB error falls under "Improper NSL Collection". Division had requested via an approved NSL (serial 438) from the following information: | Possible IOB Error:

(U) (U) <S)
b7D b2 b7E b6 b7C bl

X
bl

X
S)
'

|Division received one packet of results Upon loading of the information for one target number into _ telephone applications as tasked, FA|_ I nnt.i r.e>.ci information pertaining to an additional number. FA only loaded

fhlfifiHSL
b6 b7C

SECHBT//20311017
lv

CRET^/ SECRETE/20311017 To: Re t Ins ection From: 2 78-HQ-C122 973 6-VIO, 10/17/2006

b6 b7C

the information for the requested telephone number. FA| pdvised Sf\ | of the additional information. SAl I completed an electronic communication (EC) on 09/07/2006, stating additional records were received that were beyond the scope of the request. The unrelated records were not uploaded and were destroyed. It should be noted the additional number information w a s within the time period requested. fVi nn in/T?/onng £A contacted with[ stated the two r e l a t e d i n any way and i t was simp^] i.ake on
Send thp a d r f i t--iona1 lnfnrmaHnn t-r ormrrla

S)

and spoke Mere not art to

li v i ainn

advisedI

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SECSET//2 0311017

SEbRjS' SECS|IT//20311017

(U)

To: Re:

.Inspection j^f

From: 10/lV/^UUfc

278-HQ-C1229736-VIO,

LEAD(s) : S e t Lead 1: (Action)

INSPECTION AT WASHINGTON. DC (U) Set Lead 2: For action deemed appropriate. (Action)

GENERAL COUNSEL AT WASHINGTON, DC (U) •• For action deemed appropriate.

SEcks^//20311017

b2 b7E

SEC

(U)

To: Re:

(S)
b2 b7E b6 b7C bl b7D

bl b6 b7C

~K

From: General Counsel 278-HQ-C1229736-VIO, 11/28/2006

isr
rprnrri^

rece 'ved one package of U& discovered information pertainingresults additional f loaded the records| to an and telephone number. The NSL did not request the toll billing
t-slsnhnno

f n r f h i •; a H H i t i n n a l

nnmHor I

{*)
not load these additional records
b6 b7C b2 b7E

(U)

m*

_

I

did

($) FA | I notified SA | [ who Idocumented the incident in an electronic communication dated September 7, 2006. The unrelated telephone records were not uploaded | land have been destroyed. x

b6 (S) b7C i \ \ bl ' b7D • » u

)

ts) A/SSA[ J|contacted f S ) A/SSA| contacted) |on October 1 7 . 2006 a n d advised them erf- t h e a-rid4-t-4-r>-rw%-T--telephone records . 1 1 ~ | a d v i s e d A/SSAl I that the additional records w e r P re not related t.p t h e request! r^gu«=>-?tl . fend , fend V : -that' ": • ' — that information. made a mistake when they provided —
^ As required by Executive Order (E.O.) 12863 (Sept. 13, 1993) and Section 2-56 of the National Foreign Intelligence Program Manual (NFIPM), OGC was tasked to determine whether the errors described here are matters that should be reported to the IOB. We believe that the reported activity does not require IOB notification. (U) Section 2.A of E.O. 12863 mandates that the heads of Intelligence Community components report all information to the IOB that it deems necessary to carry out its responsibilities. That section requires Inspectors General and General Counsel of the Intelligence Community to report "intelligence activities that they have reason to believe may be unlawful or contrary to Executive order or Presidential directive." This language has been interpreted to mandate the reporting of any violation of guidelines or regulations approved by the Attorney General, in accordance with E.O. 12333, if such provision was designed in full or in part to protect the individual rights of a United States person. This includes

(U>

MLES) In the future, possible overcollections under NSLs should be sequestered with the CDC until adjudication of the potential IOB.

SECXET :cWr

SECRET

(C)

To: Rer

:Xr
V

From: General Counsel y 278-HQ-C1229736-VIO, 11/28/2006

b2 b7E

violations of agency procedures issued under E.O. 12333, unless they involve purely administrative matters.2 For the FBI, OGC submits reports to the IOB.3

AL
bl NSIG
UilLlUUULLlUIi;—dL 4. beULlUU Z - 3 0 U l Ulfci NE 1 Pl"l identifies as

reportable to the IOB unauthorized investigations, the use of unlawful methods and techniques, exceeding the authorized scope of permitted activities, and failing to adhere to minimization requirements.4 b2 b7Eg) bl b7D sought i nfnrmation $8£ In this instance, | _ rplatinn fn nng tpipphnno number associated with the |and obtained information beyond the scope of the request due to an""error] |5 The NSL was property

I

1

(U)

See EC from Inspection Division to All Divisions; Title: ' Revised Procedures for the Submission of Reports of Potential Intelligence Oversight Board (IOB) Matters, Case ID # 66F-HQ-A1247863 Serial 172 at 5-6 (2/10/2005). The FBI is required to maintain for three years records of administrative violations, for possible review by the Counsel to the IOB, together with a copy of the opinion concerning the basis for the determination that IOB notification was not required. Id. at 6. See id. at 4. See also id. at 5, identifying reportable matters as including: (1) activities believed to be unlawful or contrary to Executive Orders or Presidential directives: (7) siisnp.rtsH
Vinjat.inns of >hp r.nngtit-ntinnI 1 \I I

(U)

bl

(S)

C rorm

I (5) initiating a or electronic surveillance or a search without authorization from the FISC, or failing to terminate an authorized surveillance at the time prescribed by the Court; and (6) failing to adhere to the minimization or dissemination requirements specified in a FISC Order. (U) In a letter from the Intelligence Oversight Board to the FBI's Office of General Counsel, Deputy General Counsel Julie Thomas, dated November 13, 2006, the IOB "agreed that third party
b

SEC^T

SECllET To; .Re:

0J>

W -

From: General Counsel 77T-HQ-C1229736-VI0, 11/28/2006

b2 b7E

prepared and executed by | | Thus, the investigative technique was authorized for purposes of E.O. 12333 and this need not be reported to the IOB pursuant to E.O. 12863.

errors should be reported to the FBI's Office of General Counsel, but as a matter of practice would not be reportable to the IOB. ECfc^T SEC

SECRET

(UJ
b2 b7E

To: From: Genera 1 Counsel -Re-:- "t^~"2T8-HQ-C1229736-VIO, 11/28/2006

LEAD(s) : Set Lead 1: (Info)

(U) Set Lead 2 :

Read and clear. (Discretionary)

COUNTERTERRORISM • AT LIBERTY CROSSING ONE (U) Set Lead 3: For review and action deemed appropriate. (Discretionary)

INSPECTION AT WASHINGTON. DC (U) For review and action deemed appropriate.

••

CRSI SEC

(Rev. 01-31-2003)

(ET//20320117

FEDERAL BUREAU OF INVESTIGATION
Precedence: To:
b2 b7E b6 b7C

ROUTINE Attn:

Date:

01/17/2007

SAC (Personal Attention)

From:

Inspection Internal Investigations Section. IPU. Room 3041 Contact: CRS Miller David Ian

Approved By: Drafted By: Case ID #: Title: (U)

XT
DECLASSIFIED BY 6S179/DHH/KSR/RW OH 05-30-2007

(U)

263-HQ-0-U - 638

(Pending)
b2

INTELLIGENCE OVERSIGHT BOARD MATTER INSD/IIS TRACKING# 3137 OGC/IOB# 2007J |

Synopsis: (U) To advise that captioned reporting of potential Intelligence Oversight Board (IOB) violation has been reviewed by the Internal Investigations Section (IIS), and is not considered willful misconduct. This matter is returned to the field for corrective action as appropriate. Case closed at IIS.

(U)

X
Enclosure(s) Reference: Details: (U)

Derive De

y On:

(U) 278-HQ-C1229736-VIO Serial 1763 278-HQ-C1229736-VIO Serial 1763 278-HQ-C1229736-VIO Serial 1890

Division's captioned report not find the matter indicative of willful misconduct. IIS only addresses allegations where deliberate and/or aggravated misconduct is evident.

(U) Upon review of

3

(U) IIS recognizes and appreciates that this matter was brought to our attention as required by the revisions mandated by National Security Law Branch/OGC EC, dated 11/16/2006 (278-HQ-C1229736, serial 2570) . THIS EC IS UNCLASSIFIED WHEN SEPARATED FROM CLASSIFIED ENCLOSURE.

••

SECREJE?7*£Q320117

(Rev. 01-31-2003)

FEDERAL BUREAU OF INVESTIGATION
Precedence: To:
From:

ROUTINE
Attn: NSLB

Date:

01/11/2007

General Counsel

Inspection Internal Investigations Section, IPU, Room 3 041 Contact: CRS Miller David Ian^/U-jf^ lH$.\
ALL INFORHATIOET CONTAINED HEREIN IS UNCLASSIFIED DATE 05-30-2007 BY 65179/DHH/KSR/RE

b6 b7C b2

Approved By: Drafted By: Case ID #: Title: (U)

(U) 278-HQ-C1229736-VIO

(Pending)
b2

INTELLIGENCE OVERSIGHT BOARD MATTER INSD/IIS TRACKINGJ313 7 OGC/lOB# 2007-

Synopsis: (U) To report a potential Intelligence Oversight Board (IOB) matter to the Office of General Counsel, National Security Law Branch (NSLB). Reference: (U) 278-HQ-C1229736-VIO Serial 1763 278-HQ-C1229736-VIO Serial 1890

b2 b7E

Details: JlLL_T_a£_Jjiternal Investigations Section (IIS) received an EC from! bivision dated 10/17/2006, reporting a possible IOB error. Based upon a review of the referenced EC it is the IIS's opinion the incident described therein is administrative in nature. Therefore, no internal investigation will be conducted by the IIS and this matter is being relegated to the NSLB for whatever action they deem appropriate.

••

U.S. Departme

jf Justice

Office of the Inspector General

Washington, D.C. 20530

DATE:

January 26, 2007

TO:

Kenneth W. Kaiser Assistant Director Inspection Division Federal Bureau of Investigation Glenn G. Powell Special Agent in Charge Investigations Division OIG Complaint No. 2007002603 Subject: Unidentified
ALL FBI INFORMATIOH COHTAIHED HEREIH IS UNCLASSIFIED DATE 05-30-2007 BY 65179/DHH/K3R/RU

FROM:

SUBJECT:

I

I
FBI No. 263-0-U-638 CMS No. 3137

We consider this a management matter. The information is being provided to you for whatever action you deem appropriate in accordance with your agency's policy and regulations. A copy of your findings and/or final action is not required by the OIG.

• •

This matter is referred to your agency for investigation. Please provide the OIG with a copy of your final report on this matter. This complaint will be investigated by the OIG. IMPORTANT NOTICE
Identifying information may have been redacted from the attached OIG Report/Referral pursuant to § 7 of the IG Act or because an individual has (a) requested confidentiality or (b) expressed a fear of reprisal. If you believe that it is necessary that redacted information be made available to your Agency, you may contact the Assistant Inspector General for Investigations. Please be advised that, where adverse action is not contemplated, the subject of an investigation does not have a right to have access to an OIG Report/Referral or to the identities of complainants or witnesses, and that, in all cases, complainants and witnesses are entitled to protection from reprisal pursuant to the Inspector General Act and the Whistleblower Protection Act.

Attachment

b2 OIG INVESTIGATIONS DIVISION Complaint Form Date Received: OIG NO. 12/20/2006 689-2007-002603-M H O W Received:

Received By: SUBJECT: Unidentified, FBI Title: UNID Component: FBI Misc: Home: Phone: Work: Phone: COMPLAINANT: Q Title: ATTY Component: FBI
MlSC:

Pay Plan: EOD Date:

ZIP: ZIP:

SSNO D.O.B. Alien No. F.B.I.NO. B.0.P.No. D/L No. Offenses SSNO D.O.B. Alien No. F.B.I.No. B.O.P.No. D/L No. Authority:

b6 b7C b2 689

Pay Plan: EOD Date

Home: Phone: () Work: , , Phone: (202) Confidential:

ZIP: ZIP: Revealed:

none

Details: The FBI provided information regarding a potential IOB matter (2007

b2 bl b2 b7E

(S),
] and on 8/26/06,I issued an NSL to a telecommunications provider for records relating to the subject of the investigation. However, the telecommunications provider inadvertently provided the FBI with records pertaining to an additional telephone number not requested. FBI/OGC determined that this matter does not need to be reported to the IOB. fi»q ALLEGATIONS: fi»q T O P \ Tnq Violation I 1/2006 Occur rMir. CITY: Zip: DISPOSITION DATA: Disposition: M Date: 12/20/2006 01/26/2007

b2 =b7E= Approval: POWELL, GLENN G

Referred to Agency: FBI Patriot Act: N Sensitive: N Remarks:

Date Sent:

Component: FBI

Civil Rights: N Whistleblower: N

Component Number: 263-0-U-638 C o n s o l i d a t e d Case Number:

Predicating material contains classified information which will be stored in a secure container at OIG/INV. (stp) 1/29/07: Sent to Kaiser/FBI. (stp)

DATE: 05-30-2007 FBI INFO. CLASSIFIED BY 65179/DHH/KSR/RW REAS0H: 1.4 (c)
DECLASSir/ OH: 05-30-2032

Page 1 ot 1

Printed01/26/2007

10:21:20

(Rev. 01-31-2003)

vJtf
SECRET

FEDERAL B U R E A U O F I N V E S T I G A T I O N
Precedencei
To i
b2 b7E b6 b7C

ROUTINE

Datei

10/03/2006

General Counsel Ingp.ec.tion Counterintelligence

Attnt NSLB Attn i IIS_ Attni CD-2F, Room 8672 OS/IA£ AttnI CDC

From

••=[

1
Contact:
(jll.o[ob

Approved By:

ALL INF0RHATI0N CONTAINED HEREIN IS UNCLASSIFIED EXCEPT WHERE SHOOT OTHERWISE

Drafted By: Case TD # :
Zib7E
bl

(U) HI) (U (Si

278-HQ-C1229736-VIO
?.7»1 Ir7fiin4.

(Pending)-

I

=7*7
DATE: 05-31-2007 CLASSIFIED BY 65179/DHH/KSR/Rfl REASON: 1.4 (c,d) DECLASSIFY OH: 05-31-2032

(P^nH-inn) - ( L ^ U .

Title:
b6 b7C

(U)

POTklNTIAL 10B MATTER TMVnT.vtWfi SA SSA

b7D

Synopsis: (U) IOB reporting of carrier in regard to an NSL. 31^ Reference: (U) Telcal with CDC on 10/03/2006

error

(II)

(U)b6
b7C

Details: ^ S O The following informal--inn is hpinn nrnvi rle>ri ] n response t o the quarterly EC from CDC T requesting Intelligence Oversight Board repbrting be brough : to the attention of OGC and Inspection Division.

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(S)

10/03/2006

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trill

(X) w I
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Iinitially requested NSL snhsprihpr and lniciaxxy requested NSl* si
fnr a falenhnna mimhoT-f

?

infnrmaUnn

(V)

B a s e d o n Ehft i n f n r m a U n n

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frnm t-hah

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bl

b2 b7E
b6

i g r learned that £ | "».«»=« t.i»a^ JL had included subscriber information l&J for a telephone number that was not asked for. Consequently, this telephone number and associated subscriber information havfi not been uploaded and no record of them exist within ACS.

m

e\ \

b7C S )
b7D

(S)

FTn a 1A envelope in the case file. learned of I l - et-=.ya after viewing ™ i Lt-ak« ^ t therefore, it is o e m g reported w i t n m tne mandatory 14-day reporting period.

SECRET 2

:b^r SE
bl b2 b7E

To Re

General Counsel (S)

From; I 10/03/2006

LEAD(S) i Set Lead Is (Action)

GENERAL COUNSEL AT WASHINGTON. DC (U) Information is being provided to NSLB for whatever action is deemed appropriate. Set Lead 2 s (Action)

INSPECTION AT WASHINGTON, DC (U) Information is being provided to IIS for whatever action is deemed appropriate. Set Lead 3s (Info)

COUNTERINTELLIGENCE AT WASHINGTON. DC (U) At CD-2Fs Read and clear. Set Lead 4 s
b2 b7E

(Action)

AT

(U) Information is being provided to CDC for whatever action is deemed appropriate. ••

I

IcksT SECK
3

101/26/1998)

SECRET

FEDERAL BUREAU O F INVESTIGATION
Precedence:
To: Counterintelligence
b2 b7E b6 b7C

ROUTINE

Date: 12/05/06 Attn: SAC, CDC Attn: CD-2F, Room 8672 Attn: IIS
ALL INFORMATION CONTAINED HEREIN IS UNCLASSIFIED EXCEPT WHERE SHOOT OTHERWISE

Inspection From:

General Counsel National Security Affair's/Room 7974 Contact: Julie F. Tho/rias Thomas Julie

Approved By:

Drafted By: Case ID #:
(U) (U) (S)

DATE: 05-30-2007 CLASSIFIED BY 65179/DHH/KSR/RW REASON: 1.4 (c) DECLASSIFY ON: 05-30-2032

278-HQ-C1229736-VIO— ( 9 ? 2 2781 IC76104- M S " ^
bl

(U)

Title:

X

POSSIBLE INTELLIGENCE OVERSIGHT BOARD MATTER 2007] | b2

(U)

Synopsis?y&) It is the opinion of the Office of the General Counsel (OGC) that no error was committed in this matter, and therefore nothing need be reported to the IOB. A record of this decision should be maintained in the investigation control file for review by the Counsel to the IOB. (U)

(U)

ReferencesV) Details: (S)

278-HQ-C122 973 6-VIO-1787

bl

SECRET

CIG/DOJ REVIEW: FBI iNVESTIGAT! OIG/DOJINVESTIGAT

b2 b7E

:C^T SEC

(U)

.To: Re:

X

From: General Counsel T78-HQ-C1229736-VIO, 12/05/06

initially requested NSL subscriber and t o l l d
( £bl b6
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billing

infnrmat-jnn

for

a

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information

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fr-nnn Miat- MCT.

(S)
bl b2 b7E b7D

Atter viewinaT Jlearned that 1 included subscriber information for a telephone number that was not asked for. Consequently, this telephone number and associated subscriber information have not bee uploaded and no record of them exists within ACS maintaining the results of this particular NSL (including the

L

fi.

(SI

incorrpci-lv nmviripd s u b s c r i b e r
in the case tile,
This NSL Was

informationT
in a 1A envelope

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(S)
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I
J This erroneous telephone number and assoO'laiyu Subscriber information have not been uploaded and no record exists within ACS. (U) Section 2.4 of Executive Order (E.O.) 12863, dated 09/13/1993, mandates that Inspectors General and General Counsel of the Intelligence Community components (in the FBI, the Assistant Director, INSD, and the General Counsel, OGC, respectively) report to the IOB "concerning intelligence activities that they have reason to believe may be unlawful or contrary to Executive order or Presidential directive." This language was adopted verbatim from E.O. 12334, dated 12/04/1981, when the IOB was known as the President's Intelligence Oversight Board (PIOB). By longstanding agreement between the FBI and the IOB, this language has been interpreted to mandate the reporting of any violation of a provision of The Attorney General's Guidelines for FBI National Security Investigations and Foreign

SECfes^
2

b2 b7E

SEC^T To: ReFrom: General Counsel^ ) 278-HQ-C1229736-VIO, 12/05/06

<U>

Intelligence Collection (NSIG), or other guidelines or regulations approved by the Attorney General in accordance with E.O. 12333, dated 12/04/1981, if such provision was designed in full or in part to ensure the protection of the individual rights of U.S. persons. On 3/28/2006, NSLB sent a letter to the Counsel for the IOB requesting their concurrence to treat these third party errors as non-reportable, though we will require the field to continue to report any improper collection under an NSL as a potential IOB matter. By letter dated 11/13/2006, the Counsel to the IOB agreed that third party errors in the collection of information pursuant to an NSL must be reported to OGC, but are not reportable to the IOB. Here, an error on the part resulted in the unintentional acquisition of b7D mtormation It should be noted that the FBI's response in b2 receiving the unsolicitedi material w a a mm m pnri a hi 0 Upon viewing b7E Jprovided (S) J and bl realizing that subscriber information for a telephone number that was not been asked for had been included,! Ihas maintained the results in a 1A envelope in the case file, and no results of this NSL have been uploaded and no record exists in ACS.

(01

K) Based upon our analysis, the carrier's mistake is not reportable to the IOB as the FBI has not acted unlawfully or contrary to Executive Order or Presidential Directive.

3C&BT SECR

EC^E1] SE

(U)

To: Re:

X

From: General Counsel ) 278-HQ-C1229736-VIO, 12/05/06

Set Lead 1:

(Action)

b2 b7E

J and arrange for delivery of correct information LT\ response to previously issued NSL. Set Lead 2 (Info) COUNTERINTELLIGENCE AT WASHINGTON. DC (U) Set Lead 3: (Info) Read and clear.

b7D

INSPECTION AT WASHINGTON. DC (U) Read and clear.

1-Ms.
b6 b7C

Thomas Library

1-IOB

••

SCMJT SEC:
4

(Rev. 01-31-2003)

FEDERAL BUREAU OF INVESTIGATION
Date: Attn: NSLB 01/12/2007

Precedence: To:

ROUTINE

General Counsel

From:

Inspection Internal Investigations Section, IPU. Room 304^1 Contact: CRS Miller David la

Approved Byb6 b7C b2 Drafted By: Case ID #: Title: (U)

-JfUA
(U) 278-HQ-C1229736-VIO

ALL INFORMATION CONTAINED HEREIN 15 TJNCLA33IFIED DATE 0 5 - 3 0 - 2 0 0 7 BY 65179yDHH/KSR/RN

(Pending)

INTELLIGENCE OVERSIGHT BOARD MATTER INSD/IIS TRACKING# 3154 0GC/I0B# 2007-I b2

Synopsis: (U) To report a potential Intelligence Oversight Board (IOB) matter to the Office of General Counsel, National Security Law Branch (NSLB). Reference:
b2 b7E

(U)

278-HO-C122 973 6-VIO Serial 1787 278| £76104 Serial 436 278-HQ-C1229736-VIO Serial 1892

Details: (U) The Internal Investigations Section (IIS) received an EC from| IDivision dated 10/03/2006, reporting a possible IOB error. Based upon a review of the referenced EC it is the IIS's opinion the incident described therein is administrative in nature. Therefore, no internal investigation will be conducted by the IIS and this matter is being relegated to the NSLB for whatever action they deem appropriate. ••

(Rev. 01-31-2003)

^Jgei*Eir//20320117

FEDERAL BUREAU OF INVESTIGATION
Precedence: To: From: ROUTINE Attn: Date: 01/17/2007

SAC (Personal Attention)

Inspection Internal Investigations Section, IPU, Room 3 041 Contact: CRS Miller David Ian

b2 b7E b6 b7C

Approved By Drafted By: Case ID #: Title: (U)

1
(Pending)

DECLASSIFIED BY 65179/DMH/K3R/RTJ 0U 05-30-2007

(U)

263-HQ-0-U - 643

INTELLIGENCE OVERSIGHT BOARD MATTER INSD/IIS TRACKINGS 3154 OGC/IOB# 2007J \ b2

Synopsis: (U) To advise that captioned reporting of potential Intelligence Oversight Board (IOB) violation has been reviewed by the Internal Investigations Section (IIS), and is not considered willful misconduct. This matter is returned to the field for corrective action as appropriate. Case closed at IIS.

(U)

X
Enclosure(s): Reference: (U)

Y On:^-2-&aZfill7

(U) 278-HQ-C1229736-VIO Serial 1787 278-HQ-C1229736-VIO Serial 1787 278l 1C76104 Serial 436 278-HQ-C1229736-VIO Serial 1892

b2 b7E

Division's captioned report Details: (U) Upon review of of a potential IOB violation, IIS did not find the matter indicative of willful misconduct. IIS only addresses allegations where deliberate and/or aggravated misconduct is evident. (U) IIS recognizes and appreciates that this matter was brought to our attention as required by the revisions mandated by National Security Law Branch/OGC EC, dated 11/16/2006 (278-HQ-C1229736, serial 2570). THIS EC IS UNCLASSIFIED WHEN SEPARATED FROM CLASSIFIED ENCLOSURE.

••

T//20320117

(Rev. 01-31-2003)

SETSgET

BUREAU OF INVESTIGATION
Precedence: To: ROUTINE Attn: Attn: Attn: Date: 01/09/2007

Counterterrorism inspection Office of General Counsel

SSA ITOS I, CONUS I, Team 3 IIS UC
NSLB

From:

Legal Sjnik ^ Jb2 b7E b6 b7C
Contact: Approved Drafted By: By: CDC

ALL IHF0RHATI0H CQHTAIMED HEREICT IS DECLASSIFIED EXCEPT WHERE 5HQ13N OTHERWISE DATE: 05-30-2007 CLASSIFIED BY 65179/DHH/KSR/RW RE AS Oil: 1.4 (c) DECLASSIFY OH: 05-30-2032

— 7
C a s e ID # :

£«*> £.*"

bl

(U),_a: (S)

(U)

</2 7 8 - H O - C 1 2 2 9 7 3 6-VTO ~~ ( N o n e )

(U)

Title:

-X

INTELLIGENCE OVERSIGHT BOARD b2 MATTER 2007-

Synopsis: (U) Newark response to and compliance with FBIHO EC to Newark, dated 12/13/2006. (U)

(S)
b2 b7E bl

X[
Administrative: (U) Reference EC to FBIHQ, dated 10/3/2006; FBIHQ EC toj ~ iated 1^/13/2006. Enclosure(s (S) Details: £»J V i a referenced 10/3/2006 E C , f potential IOB viol ati nvi rnng-i cat* i -mrr I Ireported a

(SJ
bl b2 b7E

3Eci SECRET

SE
To: Re: Counterterrorism From: (U) 278-HQ-C1229736-VIO, 01/09/2007
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(SJ

I

(S) bl
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]contacted the carrier and learned that the subject had discontinued service\ J and the number had been reassigned to ami-hpr nict-nmpr I r coverage was immediately discont nued. was removed and sequestered with CDC. Via EC d ^ P H i?/n/?nnfi nnr a »h « i» a ^ f^l

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to

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forwardf IT0S1 r " ^

SECRET

SECRE^ To: Re: Counterterrorism From: | (U) 278-HQ-C1229736-VIO, 01/09/2007
b2 b7E

LEAD(s): Set Lead 1: (Action)

COUNTERTERRORISM AT WASHINGTON D.C. ^
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• (Info)

1

:

Set Lead 2:

GENERAL COUNSEL AT WASHINGTON. DC (U) Set Lead 3: Read and clear. (Info)

INSPECTION AT WASHINGTON. DC (U) Read and clear.

••

SEC

m
DATE: February 2,2007
TO:

1,8. I>ppartnf€

•»'.h'srce

Office of ihe Lnsoeckv ' o '; . '

Wnxliiiiglon. DC. yjWi

Kenneth W. Kaiser Assistant Director Inspection Division Federal Bureau of Investigation

FROM:

Glenn G. Powell Special Agent in Charge Investigations Division OIG Complaint Mo. 2007002756 Subject: | |et al. ] Division FBI No. 263-0-U-"2tt3^ CMS No. 3154 Q,4-3,

ALL FBI INFORMATION CONTAINED HEREIN IS UNCLASSIFIED DATE 05-30-2007 BY 65I79/DHH/K3R/RW

SUBJECT:

b6 b7C b2 b7E

n n
I I

We consider this a management matter. The information is being provided to you for whatever action you deem appropriate in accordance with your agency's policy and regulations. A copy of your findings and/or final action is not required by the OIG. This matter is referred to your agency for investigation. Please provide the OIG with a copy of your final report on this matter. This complaint will be investigated by the OIG. IMPORTANT NOTICE
Identifying information may have been redacted from the attached OIG Report/Referral pursuant to § 7 of the IG Act or because an individual has (a) requested confidentiality or (b) expressed a fear of reprisal. If you believe that it is necessary that redacted information be made available to your Agency, you may contact the Assistant Inspector General for Investigations. Please be advised that, where adverse action is not contemplated, the subject of an investigation does not have a right to have access to an OIG Report/Referral or to the identities of complainants or witnesses, and that, in_aU cases, complainants and witnesses are entitled to protection from reprisal pursuant to the Inspector General Act and the Whistleblower Protection Act.

Attachment

b2 OJC INVESTIGATIONS DIVISION Complaint Form. Date Received: OIG NO. 12/20/2006 689-20C7-002756-M How Received:

Received By: SUBJECT Title: SA Component: FBI Misc : Home : Phone: () Work: , , Phone: (202) SUBJECT: 'litle: SSA" Component: FBI Misc: Home:I Phone: () Work: , , Phone: (202)
COMPLAINANT: T i t l e : SSA ' C o m p o n e n t : FBI Misc : Home : P h o n e : {) Work : , , Phone: (202) Confidential:

Pay Plan: EOD Date:

ZIP: ZIP:

SSNO D.G.B. Al i en No. F.B.l.No. B.O.P.No. D/L No. Offenses 689

SSNO Pay Plan: EOD Date:
U.O. B. Alien Wo. F.B.I.No. B.O.P.No. D/L N o . Offenses 689 b6 b7C b2

ZIP: ZIP:

Pay Plan: EOD D a t e :

ZIP: ZIP: Revealed:

SSNO D. 0 . B . Alien No. F.B.I.No. B.O.P.No. D/L N o .

Authority:

none

Details: information received from the FBI/INSD reporting a pnt-ent-ia interception of u n a u t h o r i z e d information. TOB 2007 IOB m a t t e r involving the b2 b7E

During an authorized i n v e s t i g a t i o n , the FBI,|_ jDivisi on p r o p e r l y served a National Security Letter (NSL) on a communication provider for information relating to the target of an FBI investigation. Tn r p s n o i s p the FBI unintentionally obtained information b e y o n d the scope of the N S L . The F B I , I Division sequestered the content i n f o r m a t i o n . 11 is the opinion of the O f f i c e of the General Counsel that this m a t t e r need not be :o she IPS. ALLEGATIONS: sag TO RR vie l a t i o n Vio T O ite:| /20C O c c u r r e n c e Date : | 1/2006 TIME: CITY: State: Zip: reported

E DISPOSITION DATA:

Disposition:

M

Date:

12/20/2006

Approval: POWELL, GLENN G Component: FBI

Referred to Agency: fat n o t Act: Sensitive: N
N

Date Sent: Civil Riqhts: N

Component Number Consolidated Case Number

263-0-U-463, 3154

Whistleblower: N

ALL FBI INFORMATION CONTAINED HEREIN 15 UNCLASSIFIED DATE 06-06-2007 BY 65179/DHH/K3R/RW

Page 1 of 2

Drinforl

01 I \ 1

/ T O m

1

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1

b2 CIG - INVESTIGATIONS DIVISION Remarks: .". ••• ••:•• c\, of ! !,P oiG d a t a b a s e m a t t e r , #2007-002584-M. at i s a sijDi'ict 1:1 a no t r i e r b6 "" b7C Complaint Form OIG NO. 689-2007 002756-M

Predicating material contains classified information that will be stored in a secure container within OIG/INV/HQ. 2/2/07 - Sent to AD Kaiser, FBI/IND. (yht)

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FD-9J2 (Rev 03-21-2005)

SECfeBT

BUREAU OF INVESTIGATION
Precedence: To: From: Contact: Approved By:
b2 b7E b6 b7C
DATE: 05-30-2007 CLASSIFIED BY 65179/DMH/KSR/RW REASON: 1.4 ( c , d )

ROUTINE Attn: Attn:

Date:

10/21/2006

Inspection General Counsel

IIS, Room 11861 NSLB, Room 7975
ALL IWF0RMATIQH CONTAINED HEREIN 15 UNCLASSIFIED EXCEPT tHEEE SHOOT OTHERWISE

D r a f t e d By:

DECLASSIFY OH: 05-30-2032

(U)

Case ID # : Title: (U)

^ 8 ^ 278-HQ-C122 9736-VIO "

j^Ot?

INTELLIGENCE OVERSIGHT BOARD (IOB) ERROR

(U)
(U)

Synopsis t

To report possible IOB error.

Details: (S)
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1. 2. 3(S) Possible IOB Error:

(S) ^y&f
bl

(U)

(J U

^0

4.

Description of IOB Error (including any reporting delays)

(S)f
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I L^
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9

SECRET /-•>7

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SECRET To: Re: Inspection From: 278-HQ-C1229755-VIO, 10/21/2006

bl b6 b7C

(U)

fS)
JXL nn i n / n / a n n f i . r
determined that tne content ot the e-mail messages was included with the header and footer information. TFO advised SRA| | of the situation. Contact was made witj lAssociate Division r v i . f 1 r.nqf1 I who provided details on how to report the incident and handle the material (U) There were no reports written or leads set as a result of obtaining these records. Efforts are currently underway to separate the header and footer information from content. The original disk will then be forwarded to | " Chief Division Counsel or FBIHQ | as directed.

b6 b7C b2 b7E

b

b2 b7E

:a&5T SEC 2

cfei^ SEC:
To:
(U)

Inspection

From:

Re: J S ^ 278-HQ-C1229736-VIO, 10/21/2006 LEAD(s) : Set Lead 1: (Action)

INSPECTION AT WASHINGTON. DC (U) Set Lead 2: For action deemed appropriate. (Action)

GENERAL COUNSEL AT WASHINGTON. DC (U) •• For action deemed appropriate.

SO&E'] SECRET 3

(Rev. 01-31-2003}

SEC^BJT

FEDERAL BUREAU OF INVESTIGATION
Precedence: To: Counterterrorism Attn: Inspection
b2 b7E b6 b7C

ROUTINE Attn: SAC CDC

Date:

12/13/2006

ITOS 1, CONUS 3,
ALL INFORMATION CONTAINED HEREIN IS UNCLASSIFIED EXCEPT INHERE SHOOT OTHERWISE

From:

Attn: IIS Office of the General Counsel NSLB/CTLU1/LX1 Room 3S119 , Contact: U l C

Approved By: Thomas Julie F i Drafted By: T

(U) (UJ (U)

Case ID # : /£^ Title: \^f

278-HQ-C122 9736-VIO"(Pending)
MATTER 2 0 0 1
TNTFT.T.TGFNCF.- OVF.RSTGHT BOARD • OVERS b2

/M?

DATE: 05-30-2007 CLASSIFIED BY 6S179/DHH/ESP./'RIJ REASON: 1.4 [ c , d j DECLASSIFY ON: OS-30-2032

Synopsis: '"_J^ It is the opinion of the Office of the General Counsel (OGQ) that this matter is not reportable to the Intelligence Oversight Board (IOB). Rather, it should be maintained in the control file fcr periodic review by Counsel to the IOB. Our analysis follows.

(U)

>0
Reference b2 b7E

Declassify On: ^©511213^ 278-HQ-C1229736-VIO serial 1806

(U)
(U)

• X

Detail* requested that The referenced serial from OGC Us: review' W the facts of the captioned matter and determine whether it warrants reporting to the IOB. As explained below, in our revieWtn opinion, the FBI is not required to report this matter to the IOB.
Pursuant f n anfhnri7oH r % i ^ 1 -i ™^ ~ ^ ~ . .

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(S)

I a National -ayt!ul ity Letter (NSL) ±or| e-mail account requesting electronic communications transactional information,
SEfeMfl

O'n/DOJ REVIEW GATE: m INVESTIGATE Tito) m;&\ MITIGATION: VL>
,JM'

JZPcfi
b6 b7C

b2 b7E

SECRET To: Re: From: Office of the General Counsel 278-HQ-C1229736-VIO, 12/13/2006

Upon viewing the information provided| | in response to the (U)NSLy| [determined that the content of the e-mail messages was included with the header and footer information. TFO advised SRA| ~| of the situation. Contact was made with | | Associate Division Counsel | [ f o provided rh details on how to report the incident and handle the material. (U) There were no reports written or leads set as a result of obtaining these records. Efforts are currently underway to separate the header and footer information from content. The original disk will then be forwarded to the Chief Division Counsel or FBIHQ as directed. (U) The President, by Executive Order 12334, dated 12/04/1981, established the President's Intelligence Oversight Beard (PIOB). On 09/13/1993, by Executive Order 12863, the President renamed it the Intelligence Oversight Board (IOB) and established the Board as a standing committee of the President's Foreign Intelligence Advisory Board. Among its responsibilities, the IOB has been given authority to review the FBI's practices and procedures relating to foreign intelligence and foreign counterintelligence collection. (U) Section 2.4 of Executive Order 12863 mandates that Inspectors General and General Counsel of the Intelligence Communiry components (in the FBI, the Assistant Director, Inspection Division (INSD), and the General Counsel, Office of the General Counsel (OGC), respectively) report to the IOB intelligence activities that they have reason to believe may be unlawful or contrary to Executive Order or Presidential Directive. This language has been interpreted to mandate the reporting of any violation of a provision of The Attorney General's Guidelines for FBI National Security Investigations and Foreign Intelligence Collection (NSIG), effecti ve 10/31/2003, or other guidelines or regulations approved by the Attorney General in accordance with EO 12333, dated 12/04/1981, if such provision was designed to ensure the protection of indivi dual rights. Violations of provisions that merely are admini strative in nature and not deemed to have been designed to ensure the protection of individual rights are generally not reported to the IOB. The FBI Inspection Division is required, however, to ma intain records of such administrative violations for three years so that the Counsel to the IOB may review them upon request . The determination as to whether a matter is "admini strative in

SECKST

b2 b7E

SfcC^ET To: | I From: Office of the General Counsel Re: 278-HQ-C1229736-VIO, 12/13/2006 nature" must be made by OGC. Therefore, such administrative violations must be reported as potential IOB matters.

() U

NSLs are a specific type of investigative tool that allows the FBI to obtain certain limited types of information without court intervention: (1) telephone and email communication records from telephone companies and internet service providers (Electronic Communications Privacy Act, 18 U.S.C. § 2709); (2) records of financial institutions (which is very broadly defined) (Right to Financial Privacy Act, 12 U.S.C.§ 3414(a)(5)(A)); (3) a list of financial institutions and consumer identifying information from a credit reporting company (Fair Credit Reporting Act, 15 U.S.C.§§ 1681u(a) and (b)); and (4) full credit report in an international terrorism case (Fair Credit Reporting Act, 15 U.S.C. § 1681v). NSLs may be issued in conformity with statutory requirements, including 18 U.S.C. § 2709. NSIG, section V.12. Here, during an authorized investigation, the FBI properly served an NSL on an electronic communications service provider. In response to the properly served NSL, the FBI obtained informat inn hpvnnri the scope of the NSL (email content information). FBll I identified the problem, and properly sequestered the email content information. There were no reports written or leads set as a result of the email content information. (U) Based upon these facts, in accordance with the terms implementing the reporting requirements of Section 2.4 of EO 12863, it is our opinion that this error is not reportable to the IOB. A record of this decision should be maintained in the control file for future review by the Counsel to the IOB.

(1 0

b2 b7E

(U) should contact the carrier and ask whether the improperly or unintentionally acquired information should be r p h i r n ^ or destroyed with appropriate documentation to the file. should not view any content information but should request, the carrier to provide only that information authorized by law.

SEC^JT

3

SECSlET

To: Re:
b2 b7E

From:

Office of the General Counsel

278-HQ-C1229736-VIO,

12/13/2006

LEAD(s) : S e t Lead 1: (Info)

[U) I should contact the carrier and ask whether the improperly or unintentionally acquired information should be returned or destroyed with appropriate documentation to the file. Set Lead 2: (Info)

COUNTERTERRORISM AT WASHINGTON, D.C. (U) Set Lead 3: For information. (Action)

INSPECTION AT WASHINGTON. D.C. (U) INSD should retain a record of the report of the potential IOB matter, as well as a copy of the OGC opinion concluding that IOB notification is not required, for three years for possible review by the Counsel to the IOB.

CG:

b6 b7C

I

I
IOB Library

••

SECfe^T

(Rev, 01-31-2003)

FEDERAL BUREAU OF INVESTIGATION

Precedence: To: From:
b6 b7C b2

ROUTINE Attn: NSLB

Date:

01/12/2007

General Counsel

Inspection I n t e r n a l Investigations Section. T T . Rnnm ^041 PT Contact: CRS Miller David I a n ^ H J ^ ' ^J^}1
ALL

Approved By: Drafted By: Case ID #: Title: (U)

IHFORHATICIH COHTAIHED

HEREIN IS UNCLASSIFIED DATE 05-30-2007 BY 65179/DHH/KSR/RW

(U) 278-HQ-C1229736-VIO

(Pending)

INTELLIGENCE OVERSIGHT BOARD MATTER INSD/IIS TRACKING# 3159 OGC/lOB# 2007-1 I b2

Synopsis: (U) To report a potential Intelligence Oversight Board (IOB) matter to the Office of General Counsel, National Security Law Branch (NSLB). Reference: (U) 278-HQ-C1229736-VIO Serial 1806 278-HQ-C1229736-VIO Serial 1899

Details: (U) The, Tnternal Investigations Section (IIS) received an EC froml Division dated 10/21/2006, reporting a possible error, Based upon a review of the referenced EC it is the IIS's opinion the incident described therein is administrative in nature. Therefore, no internal investigation will be conducted by the IIS and this matter is being relegated to the NSLB for whatever action they deem appropriate.

••

(Rev 01-31-2003)

SEC^ET//20320117

FEDERAL BUREAU OF INVESTIGATION
Precedence:
b2 b7E b6 b7C

ROUTINE Attn:

Date:

01/17/2007

To: From:

SAC (Personal Attention)

Inspection Internal Investigations Section, IPU, Room 3041 Contact: CRS Miller David Ian1
DECLASSIFIED BY S5179/DHH/KSR,'RTiJ OH 05-30-2007

Approved By: Drafted By: Case ID #: Title: (U)

(U)

263-HQ-O-U

644

(Pending)

INTELLIGENCE OVERSIGHT BOARD MATTER INSD/IIS TRACKINGS 315 9 b2 OGC/lOB# 2007| |

Synopsis: (U) To advise that captioned reporting of potential Intelligence Oversight Board (IOB) violation has been reviewed by the Internal Investigations Section (IIS), and is not considered willful misconduct. This matter is returned to the field for corrective action as appropriate. Case closed at IIS.

(U)

X
Enclosure(s): Reference: (U)

Derix Dec]

2m 3n: ^J*iM}-U7_.

(U) 278-HQ-C1229736-VIO Serial 1806

b2 b7E

278-HQ-C1229736-VIO Serial 1806 278-HQ-C1229736-VIO Serial 1899 Details: (U) Upon review of ]D ivision's captioned report of a potential IOB violation, IIS did not find the matter indicative of willful misconduct. IIS only addresses allegations where deliberate and/or aggravated misconduct is evident. (U) IIS recognizes and appreciates that this matter was brought to our attention as required by the revisions mandated by National Security Law Branch/OGC EC, dated 11/16/2006 (278-HQ-C1229736, serial 2570). THIS EC IS UNCLASSIFIED WHEN SEPARATED FROM CLASSIFIED ENCLOSURE.

••

ssci S\CRET//20320117

U.S. Departme

of Justice

Office of the Inspector General

Washington, D.C. 20530

DATE:

January 30, 2007

TO:

Kenneth W. Kaiser Assistant Director Inspection Division Federal Bureau of Investigation Glenn G. Powell Special Agent in Charge Investigations Division OIG Complaint No. 2007002647 Subject: Unidentified £ (Division FBI No. 263-0-U-644 CMS No. 3159

ALL FBI INFORMATION CONTAINED HEREIN IS UNCLASSIFIED DATE 05-30-2007 BY 65179/DHH/KSR/RW

FROM:

SUBJECT
b2 b7E

••

We consider this a management matter. The information is being provided to you for whatever action you deem appropriate in accordance with your agency's policy and regulations. A copy of your findings and/or final action is not required by the OIG. This matter is referred to your agency for investigation. Please provide the OIG with a copy of your final report on this matter. This complaint will be investigated by the OIG. IMPORTANT NOTICE
Identifying information may have been redacted from the attached OIG Report/Referral pursuant to § 7 of the IG Act or because an individual has (a) requested confidentiality or (b) expressed a fear of reprisal. If you believe that it is necessary that redacted information be made available to your Agency, you may contact the Assistant Inspector General for Investigations. Please be advised that, where adverse action is not contemplated, the subject of an investigation does not have a right to have access to an OIG Report/Referral or to the identities of complainants or witnesses, and that, in all cases, complainants and witnesses are entitled to protection from reprisal pursuant to the Inspector General Act and the Whistleblower Protection Act

I I I I

Attachment

b2

OIG - INVESTIGATIONS DIVISION Received By: SUBJECT: Unidentified, FBI Title: UNID Component: FBI Hisc: Home: Phone: Work: Phone: COMPLAINANT: Title: SSA Component: FBI Misc: ^ ^ ^ _ ^ ^ _

-

Complaint Form Date Received:

01G NO.I

12/20/2006

E

JM
How Received: "b6 b7C T>2

Pay Plan: EOD Date:

ZIP: ZIP:

SSNO D.O.B. Alien No. F.B.I.No. B.0.P.No. D/L No. Offenses

68?

Pay Plan: . EOD Date -

Home: I
Pnone: Work: , , Phone: (202) Confidential Details: ZIP ZIP: Revealed:

SSNO D.O.B. Alien No. F.B.I.No. B.O.P.No. D/L No.

b6 b7C b2 none b2 | bl b2 b7E

Authority:

The FBI provided information regarding a potential IOB matter (2007|

(s;
Dn 10/3/06, the! Division issued an NSL requesting biHUuiUUlL' communication transactional information for the subject of its investigation, review of the information provided revealed that the content of the email messages was included with the header and footer information. FBI/OGC determined that this matter does not need to be reported to the IOB.
ALLEGATIONS: 689 IOB V i o l a t i o n

Occurrence Date: CITY:I E DISPOSITION DATA:

2006

TIME: Zip:

b2 b7E

Disposition:

M

Date:

12/20/2006 01/29/2007

Approval: POWELL, GLENN G Component: FBI

Referred to Agency: FBI Patriot Act: N Sensitive: N Remarks:

Date Sent:

Civil Riqhts: N Whistleblower: N

Component Number: 263-0-U-644 Consolidated Case Number:

Predicating material contains classified information which will be maintained within OIG/INV. 1/30/07: Sent to Kaiser/FBI. (stp)

DATE: 05-30-2007 FBI INFO. CLASSIFIED BY 65179/DMH/KSR/RCT REASON: 1.4 (c) DECLASSIFY ON: 05-30-2032

Page 1 ot 1

Printed 01/29/2007

3:22:OS

Freedom of Information and Privacy Acts
SUBJECT: NATIONAL SECURITY LETTERS FOLDER: 3 1 3 - Q - O - V)0lur*£ 3 0

Federal Bureau of Investigation

FEDERAL BUREAU OF INVESTIGATION FOIPA DELETED PAGE INFORMATION SHEET Serial Description ~ COVER SHEET Total Deleted Page(s) - 3 Page 54 ~ Duplicate EC dated 1/10/07 Page 55 - Duplicate Page 56 ~ Duplicate

xxxxxxxxxxxxxxxxxxxxxxxx
X Deleted Page(s) X No Duplication Fee X for this Page X X X

xxxxxxxxxxxxxxxxxxxxxxxxx

FD-%2 (Rev 03-21-2005)

b2

FEDERAL BUREAU OF INVESTIGATION
Precedence: To: Prom:
b2 b7E b6 b7C

ROUTINE A«£n: Attn:

Date:

07/03/2006

Inspection General Counsel

IIS, Room 11861 NSLB, Room 7975

Contact Approved By

SA
ALL IHF0RHATI0H CONTAINED HEREIN 15 UNCLASSIFIED EXCEPT WHERE SHOOT OTHERWISE DATE: 05-31-2007 CLASSIFIED B? 65179/DMH/KSR/RliT REASON: 1.4 [c,d) DECLASSIFY OH: 05-31-2032

Drafted By:

(U)

CaseID #:
Title: (U)

)

278-HQ-C1229736-VIO

ST^ SSRAT

1073946 INTELLIGENCE OVERSIGHT BOARD (IOB) ERROR
&

IU)

Synopsis:^g£

To report possible IOB error.

'cf

(UJ
Details:
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X
(S) (S) 1 2 3. Possible IOB Error: NFIPM Section Reference: Section 2-02

<tl) (SJ

X
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X
Q 4.

(U)
bl b6 b7C b7D b7A

)

Description of IOB Error (including any reporting delays) (S)

:CgS£
DC M A X U £

to

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SECKflfr (U)

b2 b7E

To: Re:
in

I n s p e c t i o n From: J ^ K " 278-HQ-C1229736-VIO, 07/03/2006
t h e NSL f o r the HniP riPrinri rpmipst-.pri. hut inHirat-pH a l s o in the>

(S)

mahov-i ai c returned that a prior to the time period requested in the ASh. Lflil records provided/

bl b6 b7C b7D b7A

Therefore, the

(S)
jgi \S/ 05} After opening the results to begin analysis a fpw Hava after receiving the toll record^".E^ noticed the error and promptly notitied the| [cDC via email. bl Due to trainings and conferences out of state during the month of r „, June.1 I CDC was not able to respond until 06/30/2006 *<> sa b2 -• b6 t** ( I l h O U l r l e s 1rpga¥rH n r » a n r m - i n - i r m n n h-Vi-ta n A P H - ^ n r e p o r t b7C have been Ail error. Thetoll iet;oiuBi cixujt. ins uuii recordsf nave not oeen b7D bj analyzed or added to any databases, and have been sequestered with the b7E CDC.

(

SEbs^T ,. ., (J " To: Inspection From: , ,

b2 b7E

Re: -~)SQ LEAD(s):

278-HQ-C1229736-VIO, 07/03/2006

Set Lead 1:

(Action)

INSPECTION AT WASHINGTON. DC (U) Set Lead 2: For action deemed appropriate. (Action)

GENERAL COUNSEL AT WASHINGTON. DC (U) For action deemed appropriate.

••

•7

f
SECRET

L •& : * • ) . * •

77\

(Rev. 01 -3! -2003)

SE'

FEDERAL BUREAU OF INVESTIGATION
Date: 12/28/2006

Precedence: To:
b2 b7E b6 b7C

ROUTINE

Attn:

SAC CDC SSRAT SA ITOS II, GOU

1
1
IIS,

Counterterrorism Inspection From:

Attn: Attn:

Km 1186b
General Counsel N a t i o n ail Sj c u r i t y T.aw Rranrh/rTT.n l Se Contact; Thomas Jul
TT/T.Y-I

v}-inn

Approved By: Drafted By:

~7ffW

ALL INFORMATION C0HTAIHED HEREIN IS UNCLASSIFIED EXCEPT WHERE SHOOT OTHERWISE "-^— \
l

Y-T

Uw'

DATE: 05-30-2007
CLASSIFIED BY 65I79/DHH/KSR/RU DECLASSIFY ON:

(U)

Case ID •#•*- -(S) 278-HQ-C1229736-VIO (pending) / \ Intelligence Oversight Board Title: (IOB) Matter 2006' '

REASON: 1.4 (c) 05-30-2032

(U)

Synopsis:/§) It is the opinion of the Office of the General Counsel that the above referenced matter need not be reported to the Intelligence Oversight Board (IOB). Our analysis follows.

(U)
Reference: Administrative: (U) This communication contains one or more footnotes. To read the footnotes, download and print the document in Corel WordPerfect.

Details: J^C By electronic communication (F.C) dated July 3, b2 (U) 2006 (278-~HO -C12 2 !9736 Seriall517) Field Office b7E [ J reported to the Office of the General Counsel (OGC this potential IOB matter.

1

b6 b7C

OIG/DOJ REVIEW!, FBI INVESTIGATE OIG/DOJINVESTIGAfK

(U)

b2 b7E

sbs^Ei ET
To: Re: From:

-y^—27^ HQ-C1229736-VIO,
(S)

General Counsel 12/28/2006

bl b2 b6 b7C b7D b7E b7A

J Whenj
aiscoverea[_ Jerror J _ I Chief Division Counsel ^reported that the toll (CDC) was promptly notified.I records were not analyzed or added to any databases, and the records have been sequestered with the CDC.

(U)

As required by Executive Order (E.O.) 12863 (Sept. 13^ 19^-3) and Section 2-56 of the National Foreign Intelligence Program Manual (NFIPM), OGC was tasked to determine whether the error described herein is a matter that should be reported to the IOB. The reported activity does not require IOB notification. this case, an error on |_ jsulted in the unintentional acquisition of information. Upon learning! provided information beyond the scope of the NSL, the FBI sealed and sequestered the excess information with the CDC.

1£L

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(£0 Based upon our analysis, the carrier's mistake is not reportable to the IOB as the FBI has not acted unlawfully or contrary to Executive Order or Presidential Directive. Pursuant to the Revised Procedures for the Submission of Reports of Potential Intelligence Oversight Board (IOB) Matters, Reports of potential IOB matters determined by OGC not to require notification to the IOB will be retained by INSD for three years for possible review by the Counsel to the IOB, together with a copy of the opinion concerning the basis for the determination that IOB notification was not required.1 Accordingly, OGC will request that the Inspection Division retain a record of the report of a potential IOB matter for three years, together with a copy of this opinion for possible review by the Counsel to the IOB.

See 66F-HQ-A1247863 Serial 172 at 6 (2/10/2005)

ET »£€KET

b2 b7E

SECRXT :R^T To: Re:

From: G e n e r a l Counsel >&i278-HQ-C1229736-VTO, 12/28/2006

LEAD(s) : S e t Lead 1 : (Action)

(U) The field should contact the carrier and ask whether the improperly or unintentionally acquired information should be returned or destroyed, with appropriate documentation to the file. Set Lead 2: (Info)

COUNTERTERRORISM AT WASHINGTON, DC (U) Set Lead 3: Read and clear. (Action)

INSPECTION AT WASHINGTON. DC (U) As provided in the Revised Procedures for the Submission of Reports of Potential Intelligence Oversight Board (IOB) Matters, retain a record of the report of a potential IOB matter for three years for possible review by the Counsel to the IOB, together with a copy of the OGC opinion concerning the basis for the determination that IOB notification is not required. ••

SECkE^ 3

(Rev. 01-31-2003)

FEDERAL BUREAU OF INVESTIGATION
Precedence: To: From: ROUTINE Attn: NSLB
b6 b7C

Date:

01/12/2007

General Counsel

Inspection Internal Investigations Ss^.inn. TPTT, Room 3 041 Contact: CRS Ext r i
Miller David Ian^ju,!^ Y^t-i,
ALL

Approved By: Drafted By: |

INFORMATION CONTAINED

Jkas
(U) 278-HQ-C1229736-VIO

HEREIN IS UNCLASSIFIED
DATE 05-30-2007 BY 65179/DHH/KSR/RliJ

Case ID #: Title: (U)

[ Pending)
b2

INTELLIGENCE OVERSIGHT BOARD MATTER INSD/IIS TRACKING# 2 569

OGC/lOB# 2006J

" 1

Synopsis: (U) To report a potential Intelligence Oversight Board (IOB) matter to the Office of General Counsel, National Security Law Branch (NSLB). Reference: (U) 278-HQ-C1229736-VIO Serial 1517 278-HQ-C1229736-VIO Serial 1986
b2 b7E

Details: (U) The Internal T n v p o H g a H n n e Section (IIS) received an EC fronl I dated 07/03/2006, reporting a possible I U B error. Based upon a review of the referenced EC it is the IIS's opinion the incident described therein is administrative in nature. Therefore, no internal investigation will be conducted by the IIS and this matter is being relegated to the NSLB for whatever action they deem appropriate. ••

ev. 01-31-2003)

S|ieKBa^720320117

FEDERAL BUREAU OF INVESTIGATION
Precedence: To: From: ROUTINE
b2 b7E

Date: Attn:

01/17/2007

SAC (Personal Attention)
b6 b7C

Inspection Internal Investigations Section, IPU, Room 3 041 Contact: CRS| | Ext J Miller David Ian

Approved By: Drafted By: Case ID #: Title: (U)

DECLASSIFIED BY 65179/DMH/KSFU'Rt'I ON 05-30-2007

(U)

263-HQ-O-U - 678

(Pending)
b2

INTELLIGENCE OVERSIGHT BOARD MATTER INSD/IIS TRACKING# 2569 OGC/IOB# 2006-J |

Synopsis: (U) To advise that captioned reporting of potential Intelligence Oversight Board (IOB) violation has been reviewed by the Internal Investigations Section (IIS), and is not considered willful misconduct. This matter is returned to the field for corrective action as appropriate. Case closed at IIS.

X
Enclosure(s): Reference: (U)

[20117 (U) 278-HQ-C1229736-VIO Serial 1517 278-HQ-C1229736-VIO Serial 1517 278-HQ-C1229736-VIO Serial 1986
b2 b7E

Details: (U) Upon review oq |captioned report of a potential IOB violation, IIS did not find the matter indicative of willful misconduct. IIS only addresses allegations where deliberate and/or aggravated misconduct is evident. (U) IIS recognizes and appreciates that this matter was brought to our attention as required by the revisions mandated by National Security Law Branch/OGC EC, dated 11/16/2006 (278-HQ-C1229736, serial 2570). THIS EC IS UNCLASSIFIED WHEN SEPARATED FROM CLASSIFIED ENCLOSURE. ••

//20320117

U.S. Departme. .»f Justice Office of the Inspector 0^-r;J

Wa.shiiixi<m. t) (.'.'. .WiO

DATE:

January 29, 2007

TO:

Kenneth VV. Kaiser Assistant Director Inspection Division Federal Bureau of Investigation Glenn G. Powell Special Agent in Charge Investigations Division OIG Complaint No. 2007002618 Subject: | FBI No. 263-0-U-678 CMS No. 2569

ALL FBI INFORMATION CONTAINED HEREIN 15 UNCLASSIFIED DATE 05-30-2007 BY 65179/MnUK3R/OT

FROM:

SUBJECT:

b6 b7C b2 b7E

I 1

We consider this a management matter. The information is being provided to you for whatever action you deem appropriate in accordance with your agency's policy and regulations. A copy of your findings and/or final action is not required by the OIG. This matter is referred to your agency for investigation. Please provide the OIG with a copy of your final report on this matter. This complaint will be investigated by the OIG. IMPORTANT NOTICE
Identifying information may have been redacted from the attached OIG Report/Referral pursuant to § 7 of the IG Act or because an individual has (a) requested confidentiality or (b) expressed a fear of reprisal. If you believe that it is necessary that redacted information be made available to your Agency, you may contact the Assistant Inspector General for Investigations. Please be advised that, where adverse action is not contemplated, the subject of an investigation does not have a right to have access to an OIG Report/Referral or to the identities of complainants or witnesses, and that, in all cases, complainants and witnesses are entitled to protection from reprisal pursuant to the Inspector General Act and the Whistleblower Protection Act.

I

1

J 1

Attachment

b2

OIG

INVESTIGATIONS DIVISION

Complaint Form Date Received:

OIG NO. 01/08/2007

89-2007-002618-M How R e c e i v e d :

R e c e i v e d By: SUBJECT: | Title: SA Component: FBI Misc: ^ _ _ _ _ Home: J Phone: () Work: , , Ph .ie: (202) SUBJECT: | Title: SSA Component: FBI Misc: ^ ^ ^ _ ^ _ _ Home: I Phone: 0 Work: Phone: (202) COMPLAINANT: Title: SSA Component: FBI Misc: ^ ^ ^ _ ^ _ _ Home: I Phone: () Work: , , Phone: (202)Q Confidential : Details:

Pay P lan:E ate:|_ EOD Dat

ZIP: ZIP:

SSNO:[ D.O.B.j_ Alien No. F.B.I.No. B.O.P.No. D/L NO. Offenses 689

Pay Plan: EOD Date:

ZIP ZIP

SSNO D. 0. 3 . Alien No. F.B.I.No. B.O.P.No. D/L No. Offenses 689

b6 b7C b2

SSNO Pay Plan:T EOD D a t e C

n. o. B .
Alien No. F.B.I.No. B . O .P.No. D/L No. Authority: none

ZIP ZIP: Revealed:

Zl

Information provided bv the FBI/INSD reoortinq a potential IOB matter involv ing impr ope rly received information IOB #2006] | Luring an authorised investigation, the FBI properly served a National Secur ity Lett 'zi r (NSL) on a ccnmunications ;provider for information regarding the target of the FBI inv esti ydt ion. In response, the FBI obtained information beyond the scope of the NSL. The FBl| Division identified che problem and indicated that the unau thorized ^forjMt, ^on has n o t analyzed or added to any databases and has been sequestered with| |CDC been

1

It is the opinion of the Office of the General Counsel that this matter need not be rep or ted to the 103. vALLEGATIONS: 689 IOB Violation b7E Occurrence Date: 06/08/2006 TIME: CITY: | State: Zip: DISPOSITION DATA: Disposition: M Date: 01/08/2007 Approval: POWELL, GLENN G Component: FBI Component Number Consolidated Case Number 263-0 U 6 7 8 , 2569

Referred to Agency: Patriot Act: N Sensitive: N

Date Sent: Civil Riahts: N Whistleblower: N

ALL FBI INFORMATION CONTAINED HEREIN IS UNCLASSIFIED DATE 06-06-2007 BY 6S179/DMH/KSR/RW

b2 OIG - INVESTIGATIONS DIVISION Remarks: Predicating material contains classified information that will be stored in a secure container within OIG/INV/HQ. 1/29/07 - Sent to AD Kaiser, FBI/INSD. (yht) Complaint Form OTG NO. 689-2007-002618-M

(Rev. 01-31-2003)

SECRET

FEDERAL BUREAU O F INVESTIGATION
Precedence: To: ROUTINE Date: NSLB Room 7947 Internal Investigations Section Room 3 041 10/25/2006

Office of the General Counsel Attn: Inspection

Cyber

SSA[
C3IU-1 Room 5 9 3 1
ALL

From: \_

iHFOBHATIOEr CQHTAIHED HEREIH IS TJITCLASSIFIED EXCEPT WHERE SHOOT OTHERWISE

T Contact:
Approved ByDrafted By:

S^
DATE: 05-30-2007 CLASSIFIED BY 65179/DHH/KSR/TO REASON: 1.4 (c)
DECLASSIFY OH: 05-30-2032 b2 b7E b6 b7C b7A

(U)
(U)

C a s e I D # i

«,

ending) (Pending) (Pending)

maer.

INTELLIGENCE OVERSIGHT BOARD (IOB) MATTER To r e p o r t p o s s i b l e IOB v i o l a t i o n .

(U)Synopsis:>jrf

IU)

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(S)
<U)

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SECBET

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SfeCjMft' <u> & Qffj.ce of t h e G e n e r a l Counsel From: 278-HQ-C1229736-VIO, 1 0 / 2 5 / 2 0 0 6

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SEGfl(ET (U) To: Re-:

pff_j.ce of t h e G e n e r a l C o u n s e l From: 278-HQ-C1229736-VIO, 1 0 / 2 5 / 2 0 0 6

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a n a l y s i s of t h e m a t e r i a l then reported the matter SSA| As p e r t h e NSLB g u i d e l i n e s , t h i s Commuriicat 'un nay fieen p r e p a r e d .

»•

to

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isj"
bl b6 b7C b2 b7E b7D

CUT SECRET 3

SECRET (U) To: Office of the General Counsel From: Re: ^&f 278-HQ-C1229736-VIO, 10/25/2006
1 b2 b7E

LEAD(s): Set Lead 1: (Info)

OGC (NSLB) AT WASHINGTON, DC (U) Please provide guidance as to how to handle overreported information. Set Lead 2: CYBER AT WASHINGTON. DC (U) Set Lead 3: Read and Clear. (Info) (Info)

INSPECTION AT WASHINGTON. DC (U) Please provide guidance as to how to handle overreported information.

••

SCfi^T SECTCT

4

(Rev. 01-31-2003)

SESTET

FEDERAL BUREAU OF INVESTIGATION
Precedence: To: ROUTINE Attn: Date: 12/12/2006

b2 b7E b6 b7C

Counterintelligence Inspection Division From:

Attn: Attn:

SSA IIS, CRS

C3IU-1

Office of the General Counsel NSLB/CILU/Room 7947 / Contact: AGC Thomas Julie F

ALL IIIFORHATIOH C0HTAIHED HEREIH I S UNCLASSIFIED EXCEPT WHERE SHOOT OTHERWISE

Approved By: Drafted By:

DATE: 05-31-2007 CLASSIFIED BY 65179/DHH/KSR/RW REAS0H: 1.4 (c) ( ^
DECLASSIFY OH: 05-31-2032

(U)

Case ID t : .Title:

W

278-HQ-C1229736-VIO'
INTELLIGENT MATTER 200

(Pending)
b2

(U)
(U)

Synopsis: / ( ^ | |requested that the Office of the General Counsel (OGC) review an incident and determine whether it warrants reporting to the Intelligence Oversight Board (IOB). It is the opinion of OGC that the incident does not need to be reported to the IOB. Rather, this EC should be maintained in the control file for periodic review by Counsel to the IOB. (U)

X

°t

QiffiRSJGHT BOARD

b2 b7E

(U)

Administrative: ^ f This electronic communication (EC) contains information from: the EC dated 10/25/2006 frorl Vo OGC reporting a potential IOB matter. Reference: 278-HQ-C1229736-VIO J^UAl l l ^

b2 b7E

(U)

SECRET

OIG/DOJ REVIEW: FEI INVESTIGATION-!"; mm INVESTIGATION:

MIE-r'Stf")

w

b6 b7C

SE^ET To: Re: From: Office of the General Counsel 278-HQ-C1229736-V10, 12/12/2006

b2 b7E

(U)

D e t a i l s : ^ \ By EC dated 10/25/20061 [requested t h a t OGC review an incident and determine whether i t warrants r e p o r t i n g to the IOB.
(S]

b2 b7E

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LSjJ"
bl b2 b7E b7D b7A

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SEp^ET
2

OTQRET To: Re: From: O f f i c e of t h e G e n e r a l 2'/H-H0-C'122y7Jb-VlO, 1 2 / 1 2 / 2 U U 6 Counsel
b2 b7E

(U) Section 2.4 of Executive Order (E.O.) 12863, dated 09/13/1993, mandates that Inspectors General and General Counsels of the Intelligence Community components (in the FBI, the Assistant Director, INSD, and the General Counsel, OGC, respectively) report to the IOB "concerning intelligence activities that they have reason to believe may be unlawful or contrary to Executive order or Presidential directive." This language was adopted verbatim from E.O. 12334, dated 12/04/1981, when the IOB was known as the President's Intelligence Oversight Board (PIOB). By longstanding agreement between the FBI and the IOB (and its predecessor, the PIOB), this language has been interpreted to mandate the reporting of any violation of a provision of the Attorney General Guidelines for National Security Investigations and Foreign Intelligence Collection (NSIG), or other guidelines or regulations approved by the Attorney General in accordance with E.O. 12333, dated 12/04/1981, if such provision was designed in full or in part to ensure the protection of the individual rights of U.S. persons. Violations of provisions that are essentially administrative in nature need not be reported to the IOB. The FBI is required, however, to maintain records of such administrative violations so that the Counsel to the IOB may review them upon request. (U) On 03/28/2006, the FBI's National Security Law Branch (NSLB) sent a letter to the Counsel for the IOB requesting their concurrence to treat third party errors as non-reportable, though NSLB would still require the field to continue to report any improper collection under an NSL as a potential IOB matter. By letter dated 11/13/2006, the Counsel to the IOB agreed that third party errors in the collection of information pursuant to an NSL must be reported to the FBI OGC, but are not reportable to the IOB. (U) In the instant case the collection of information by the FBI was not the fault o| |3nce the case agent discovered that he had received information beyond the scope of the NSL request, the case agent immediately sequestered the information, placed the information in a secure safe and reported the matter to OGC.

SEJJfcRST

3

To: Re:

From: Office of the General Counsel 2/a-H0-C122^/3b-V 10, 12/12/2006

b2 b7E

LEAD(s) : Set Lead 1: (Information)

INSPECTION AT WASHINGTON. DC (U) For information. (Information)

Set Lead 2:

COUNTERINTELLIGENCE AT WASHINGTON. DC (U) For information. (Action)

Set Lead 3:

A' (U) cc: For action deemed appropriate.

b2 b7E

1- Ms. Thomas 111- IOB Library

b6 b7C

••

4

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