◆ SpookStack

(VW) 5 T ba to:[|_._] From: Office of the General Counsel bE Re: 278-HOQ-C1229736-VIO, 12/26/2006 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. 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 I0B, 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. ; PRS 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 0J.5.C. § 1681lv). 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 a financial institution. In