◆ SpookStack

The FBI requires its employees to report any violations of law or policy about which they are aware. We encourage employees to err on the side of reporting so that we can be sure that all violations are appropriately reported, In terms of process, all potential violations (called PIOBs - or potential intelligence oversight board violations) are reported to OGC. Lawyers within OGC are responsible for “adjudicating” the violation - that is, determining whether the PIOB is an actual Intelligence Oversight Board violation. If it is, a report is made to the JOB, a copy is provided to DOJ and a copy is provided to the FBI's Inspection Division. Ifthe violation involved intentional misconduct, the Inspection Division will determine whether the matter should be referred to the Office of Professional Responsibility for discipline. The OIG found that from 2003 through 2005, the FBI had self-reported 26 potential violations involving NSL authorities. Of the 26, OGC adjudicated 19 to be violations and reported them. The OIG agreed with each of those determinations. Of the 7 PIOBs that OGC determined were not violations, the OIG agreed with all but one. As to the one determination about which we disagreed, upon re-review, the FBI concurred with the OIG that it was a violation that should have been reported and it fas since been reported to the IOB. These 20 vioiations included: third party errors (4), NSLs issued when the authority for the investigation had lapsed (3), obtaming ECPA- protected records without any legal process (3) and obtaining a full credit report in a counterintelligence case (1). The OIG also found, however, a number of potential IOBs in the files it examined that had not been reported to OGC for adjudication. Although press accounts of the reports have implied that the OIG found massive abuses of the NSL authorities by the FBI, a careful read of the report reflects a different set of facts, The OFG examined 293 NSLs - a reasonably small sample. The sample was