◆ SpookStack

FBI INFO CLASSIFIED BY: NSICG b6 REASON:1.4C) b7C DECLASSIFY ON: 12-31-2046 SECRET/NOFORN DATE: 04-11-2023 (U) FBI FISA QUERY GUIDANCE NUTSHELL (U) The Querying Standard: FISA is a critical national security tool and queries of raw. FISA collection -- both unminimized content and noncontent, including metadata - can and should be used to retrieve foreign intelligence information or evidence of a crime in appropriate circumstances. To be compliant, all queries of raw FISA information obtained pursuant to Section 702 of FISA and FISC-authorized electronic surveillance, physical search, or production. of business records must satisfy all three parts of the following querying standard: .(U) Have an Authorized Purpose: the person conducting the query must have the purpose of retrieving foreign intelligence information or evidence of a crime. from raw FISA collection;. (U) Be Reasonably Designed: the query term must be reasonably tailored to. retrieve foreign intelligence information or evidence of a crime without unnecessarily retrieving other information from raw FISA collection; and (U) Be Justified: the person conducting the query must have a specific factual basis to believe that the query is reasonably likely to retrieve foreign intelligence information or evidence of a crime from raw FISA collection. (U) Notes on the Standard: This querying standard applies to both U.S. and non-U.S. person query terms, as well as any other query terms (such as keywords). This standard also. applies to all queries of raw FISA collection regardless, for example, of whether queries are conducted in connection with an assessment; without an open investigation or assessment; or pursuant to a predicated investigation. The FBI FISA querying standard is different from, and more restrictive than, rules that govern FBI's queries of information not collected pursuant to FISA. Examples of compliant and noncompliant queries of raw FISA collection can be found in. NSD's FBI FISA Query Guidance.. (U) Helpful Tip: It is important to remember that conducting a preliminary database. check in non-FISA datasets can often assist in obtaining additional information to justify a subsequent query of raw FISA collection. (U) Note Your Purpose: In a national security investigation, you may be conducting queries that you believe are likely to yield both foreign intelligence information and evidence of. a crime. When constructing a query, keep in mind whether you are seeking to retrieve (1) foreign intelligence, (2) evidence of a crime, or (3) both foreign intelligence and evidence of a crime. Please see NSD's FBI FISA Query Guidance for more specific instruction regarding constructing compliant queries seeking only evidence of a crime from raw FISA collection, including Section 702 information.. (U) Court Order Required to Review Results from U.S. Person Evidence-of-a- Crime Queries: A separate order must be obtained from the FISC before accessing or reviewing raw Section 702 content returned (a) from a U.S. person query (b) conducted solely to retrieve evidence of a crime and (c) conducted in connection with a predicated criminal investigation opened by the FBI that (d) does not relate to the national security of the United States. U.S. person queries that are otherwise compliant with the querying standard -SECRET//NOFORN Ctassified by: Chief, Oversight Section, OI, NSD, DOJ Derived From: DOJ/NSI SCG-1: 1.6 Declassify on:-- 20461101