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UNCLASSIFIED/FOUO- (U) Cellular Analysis Survey Team Policy Guide cellular analysis and testifying regarding cellular analysis, (2) each candidate's current geographical location and the needs of the CAST Program, and (3) concurrence from the candidate's current FO executive management, authorizing the conversion of the field asset to a national asset. (U) Any cost transfers associated with the appointment of national assets will be dependent upon (1) the needs of the CAST Program, (2) the availability of appropriate funding, and (3) the appropriate approvals of the Transfer Unit.. (U) National assets who apply and are selected for Headquarters Staffing Initiative (HSI) 18-month temporary duty (TDY) assignments within the CAST Unit (and choose the HSI 18-month TDY option) will maintain their status as national assets. Upon completion of the HSI. 18-month TDY at CAST, FBIHQ, and unless selected for another position, national assets will return to the FOs at which they were embedded and resume the duties they had prior to their. TDY assignments. However, national assets who apply and are selected for HSI SSA positions outside of the CAST Unit and choose the 18-month TDY option will be immediately transferred (no cost) from CID and embedded in an FO. Upon completion of an HSI 18-month TDY, and if not selected for another position, the agent will return to the FO where he or she was embedded and will be considered a "field asset" if the individual desires to continue to be part of CAST 4.5.(U) LegaI Guidance (U) The legal guidance discussed below varies from jurisdiction to jurisdiction. The guidance provided is consistent with the majority of jurisdictions and is current only as of the publication date of this PG. CAST assets should be familiar with the legal process required to obtain records within their districts. Assets must coordinate with their supporting chief division counsels (CDC), Office of the General Counsel (OGC) attorneys, or assistant United States attorneys (AUSA) to ensure that they are current in required legal authorities to obtain the various records to conduct HCSA and other geolocation analyses. 4.5.1. (U) HistoricaI Cell Site Records. (U) Historical cell site records do not provide cellular device location in real time. The provider ordinarily collects and maintains records of which tower and sector the device utilized to communicate with the tower. The Electronic Communications Privacy Act (ECPA) controls. disclosure of this information. Production of historical and prospective cell site and sector information may be compelled by a court order under 18 United States Code (U.S.C.) Section ($) 2703(d). CAST assets coordinate, as needed, with the FO CDC, OGC, or the AUSA to ensure that all legal requirements are met. Cell site and sector information is discussed in DloX? subsection 18.6.8.4.2.6.2. 4.5.2. (U) Prospective Cell Records (U) Law enforcement may receive cell site data prospectively. Cell site data is different than Global Positioning System (GPS) information. To obtain cell site data information on a prospective basis, the government must, at a minimum, obtain a pen register/trap and trace device and Title 18 U.S.C. $ 2703(d) "hybrid" order. The case law on this issue is mixed. however, and some courts have required a probable cause showing for prospective cell site data. CAST assets coordinate, as needed, with the FO CDC, OGC, or the AUSA to ensure that all legal requirements are met within their districts 7 UNCLASSIFIED/AFOUO-