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seckag b2 b7E To: From: General Counsel Re: (S} 278-HO-C1229736-VIO, 04/21/2005 a rr | As required by Executive Order {£.0.} 12863 and Section 2~56 of the National Foreign Intelligence Program Manual (NFIPM), OGC was tasked to determine whether the surveillance errors described here are matters which must be reported to the TOB. They must. tw - “Sj Section 2.4 of £.0. 12863, dated 09/13/1993, mandates that Inspectors General and General Counsel of the Intelligence Community components (in the FBI, the Assistant Director, Inspection Division, and the General Counsel, OGC, respectively) report to the [OB all information “concerning intelligence activities that they have reasan to believe may be unlawful or contrary to Executive order or Presidential b2 b7E content of electronically transmitted communications must he obtained pursuant to a court order.*® (S} oe esent case, it is cl j and that the FBI unintentionally receive i i BIC However, under these circumstances, it is OGC's opinion that the error, although inadvertent, must be reported to IOB. WT ome oe nr ~ oPS— In accordance with the reporting requirements of B.0. 12863, OGC will prepare the correspondence required to report this matter to IOB. There are certain enumerated exceptions to this prohibition. See 50 U.S.C. Section 1802. SECRRT 3