◆ SpookStack

SRCRET be To: re Office of the General Counsel b7E Re: 2 To-AW UTSG-VIO, 12/12/2006 (U} Section 2.4 of Executive Order (E.0.) 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.0. 12334, dated 12/04/1981, when the IOB was known as the President's Intelligence Oversight Soard (PIOB). By longstanding agreement between the FBI and the 10B (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 cf provisions that are essentially administrative in nature need net be reported to the IOB. The FBI is required, however, to maintain records of such administrative violations s0 that the Counsel to the IOB may review them upon request. (U} On 03/26/2006, 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 I0B. (U) In the instant case ¢ collection of information by the FBI was not the fault fo pres the case agent b2 discovered that he had received information beyond the scope of b7E the NSL request, the case agent immediately sequestered the information, placed the information in a secure safe and reported the matter to OGC. ;