Documents
FBI DIOG Appendix on Media National Security Letters (NSLs)
June 30, 2016
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Domestic Investigations and Op.erations Guide
·DOMESTIC INVESTIGATIONS
AND OPERATIONS GUIDE
CLASSIFIEDA PPENDIX G
FEDERALBUREAU OF INVESTIGATION
RELEASEDOCTOBER16,
2013
This is a privileged document that cannot be released in whole or in part to persons or agencies outside the Federal
Bureau oflnvestigation , nor can it be republished in whole or in part in any written form not containing this
statement, including general use pamphlets , without the approval of the Director of the Federal Bureau of
Investigation .
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Domestic Investigations and Op.erations Guide
·DOMESTIC INVESTIGATIONS
AND OPERATIONS GUIDE
CLASSIFIEDA PPENDIX G
FEDERALBUREAU OF INVESTIGATION
RELEASEDOCTOBER16,
2013
This is a privileged document that cannot be released in whole or in part to persons or agencies outside the Federal
Bureau oflnvestigation , nor can it be republished in whole or in part in any written form not containing this
statement, including general use pamphlets , without the approval of the Director of the Federal Bureau of
Investigation .
SECRET//NOFORN
SECRET//N OFORN
Domestic Investi gations and Operations Guide
NOTICEOF SUPERSESSIONAND UPDATE:
This document amends and supersedes the previous Domestic Investigations and Operations
Guide (DIOG) Classified Appendix G, published October 15, 2011
Updated pages are denoted with "Version Dated: October 16, 2013"
CONTACTINFORMATION:
Questions or comments pertaining to the DIOG can be directed to:
The Corporate Policy Office (CPO) at
HQ_DIVOO_CORPORATE_POLICY_OFFICE
or the Office of the General Counsel (OGC)
PRIVILEGEDINFORMATION:
Any use of this document, including direct quotes or identifiable paraphrasing, will be
marked with the following statement:
This is a privileged document that cannot be released in whole or in par t to persons or
agencies _outside the Federal Bureau of Investigation, nor can it be republished in whole
or in part in any i,vritten form not containing this statement, including general use
pamphlets, without the approval of the Director of the Federal Bureau of Investigation.
This is a privileged document th at can not be released in whole or in part to persons or agencies outside the Federal
Bureau oflnvestigation , nor can it be republished in whole or in part in any written for m not containing this
statement , including general use pamphlets , withou t the approval of the Director of the Federal Bureau of
Investigation.
SECRET//NOFORN
SECRET//N OFORN
Domestic Investi gations and Operations Guide
NOTICEOF SUPERSESSIONAND UPDATE:
This document amends and supersedes the previous Domestic Investigations and Operations
Guide (DIOG) Classified Appendix G, published October 15, 2011
Updated pages are denoted with "Version Dated: October 16, 2013"
CONTACTINFORMATION:
Questions or comments pertaining to the DIOG can be directed to:
The Corporate Policy Office (CPO) at
HQ_DIVOO_CORPORATE_POLICY_OFFICE
or the Office of the General Counsel (OGC)
PRIVILEGEDINFORMATION:
Any use of this document, including direct quotes or identifiable paraphrasing, will be
marked with the following statement:
This is a privileged document that cannot be released in whole or in par t to persons or
agencies _outside the Federal Bureau of Investigation, nor can it be republished in whole
or in part in any i,vritten form not containing this statement, including general use
pamphlets, without the approval of the Director of the Federal Bureau of Investigation.
This is a privileged document th at can not be released in whole or in part to persons or agencies outside the Federal
Bureau oflnvestigation , nor can it be republished in whole or in part in any written for m not containing this
statement , including general use pamphlets , withou t the approval of the Director of the Federal Bureau of
Investigation.
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Domestic Investigations and Operations Guide
§G
G.12 (U) NATIONALSECURITYLETTERSFORTELEPHONETOLLRECORDSOF MEMBERS
OFTHENEWS MEDIA OR NEWS ORGANIZATIONS
(S//NF) Members of news media or news organizations: An investigation of members of the
news media or news organizations is a sensitive investigative matter (SIM). See DIOG Section
10 and Appendix G-7 for Sensitive Investigative Matters. A member of the news media or a
news organization is defined in DIOG Section 10.1.2.2.5 and Appendix G.7.1.1. An investigation
of a non-United States person (non-US PER) who otherwise meets the referenced definition is not
a SIM if there is reason to believe that the person is a suspected or known intelligence officer or
is affiliated with a news organization that is associated with a foreign intelligence service or
otherwise is acting on behalf of a foreign power. An investigation of a non-USPER news
organization is not a SIM if there is reason to believe the organization is affiliated with a foreign
intelligence service or is otherwise acting on behalf of a foreign power.
(U) Department of Justice policy ,vith regard to the issuance of subpoenas for telephone toll
records of members of the news media is found at 28 C.F.R. § 50.10. The regulation concerns
only grand jury subpoenas, not National Security Letters (NSLs) or administrative subpoenas.
(The regulation requires Attorney General approval prior to the issuance of a grand jury
subpoena for telephone toll records of a member of the news media, and when such a subpoena
is issued, notice must be given to the news media member either before or soon after such
records are obtained .) The following approval requirements and specific procedures apply for the
issuance of an NSL for telephone toll records of members of the news media or news
organizations.
(U//FOUO) Approval requirements: In addition to the approval requirements for NSLs set out
in DIOG Section 18.6.6.3.3. , an NSL seeking either (i) the telephone toll records of, or (ii)
records of a third party that are believed like ly to reveal communications with members of the
news media or news organ izat ions is subject to the following:
A) (U//FOUO) If the NSL is seeking telephone toll records of an individual who is a member of
the news media or a news organization and a purpose of the NSL is to identify confidential
news media sources, the General Counsel and EAD-NSB, after consultation with the Assistant
Attorney General for the National Security Division (AAG-NSD), must approve the NSL.
B) (U//FOUO) If the NSL is seeking telephone toll records of an individual who is a member of
the news media or news organization and the purpose of the NSL is something other than
trying to identify confidential news media sources, the General Counsel and the EAD-NSB
must approve the NSL.
C) (U//FOUO) If the SL is seeking telephone toll records of an individual who is not a member
of the news media or news organization, but the records are likely to reveal communications
with members of the news media or news organizations and a purpose of the NSL is to attempt
to identify confidential news media sources, the General Counsel and the EAD-NSB must
approve the NSL.
D) (S//NF) If the NSL is seeking telephone toll records of an individual who is a member of the
news media or news organization and who is (i) a suspected or known intelligence officer, (ii)
affiliated with a news organization that is associated with a foreign intel1igenceservice, or (iii)
otherwise acting on behalf of a foreign power, there are no additional approval requirements
other than those set out in DIOG Section 18.6.6.3.3, unless a purpose of the NSL is to seek to
VE>r
sion Dated:
October 15, ZOJ 1
G-16
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Domestic Investigations and Operations Guide
§G
G.12 (U) NATIONALSECURITYLETTERSFORTELEPHONETOLLRECORDSOF MEMBERS
OFTHENEWS MEDIA OR NEWS ORGANIZATIONS
(S//NF) Members of news media or news organizations: An investigation of members of the
news media or news organizations is a sensitive investigative matter (SIM). See DIOG Section
10 and Appendix G-7 for Sensitive Investigative Matters. A member of the news media or a
news organization is defined in DIOG Section 10.1.2.2.5 and Appendix G.7.1.1. An investigation
of a non-United States person (non-US PER) who otherwise meets the referenced definition is not
a SIM if there is reason to believe that the person is a suspected or known intelligence officer or
is affiliated with a news organization that is associated with a foreign intelligence service or
otherwise is acting on behalf of a foreign power. An investigation of a non-USPER news
organization is not a SIM if there is reason to believe the organization is affiliated with a foreign
intelligence service or is otherwise acting on behalf of a foreign power.
(U) Department of Justice policy ,vith regard to the issuance of subpoenas for telephone toll
records of members of the news media is found at 28 C.F.R. § 50.10. The regulation concerns
only grand jury subpoenas, not National Security Letters (NSLs) or administrative subpoenas.
(The regulation requires Attorney General approval prior to the issuance of a grand jury
subpoena for telephone toll records of a member of the news media, and when such a subpoena
is issued, notice must be given to the news media member either before or soon after such
records are obtained .) The following approval requirements and specific procedures apply for the
issuance of an NSL for telephone toll records of members of the news media or news
organizations.
(U//FOUO) Approval requirements: In addition to the approval requirements for NSLs set out
in DIOG Section 18.6.6.3.3. , an NSL seeking either (i) the telephone toll records of, or (ii)
records of a third party that are believed like ly to reveal communications with members of the
news media or news organ izat ions is subject to the following:
A) (U//FOUO) If the NSL is seeking telephone toll records of an individual who is a member of
the news media or a news organization and a purpose of the NSL is to identify confidential
news media sources, the General Counsel and EAD-NSB, after consultation with the Assistant
Attorney General for the National Security Division (AAG-NSD), must approve the NSL.
B) (U//FOUO) If the NSL is seeking telephone toll records of an individual who is a member of
the news media or news organization and the purpose of the NSL is something other than
trying to identify confidential news media sources, the General Counsel and the EAD-NSB
must approve the NSL.
C) (U//FOUO) If the SL is seeking telephone toll records of an individual who is not a member
of the news media or news organization, but the records are likely to reveal communications
with members of the news media or news organizations and a purpose of the NSL is to attempt
to identify confidential news media sources, the General Counsel and the EAD-NSB must
approve the NSL.
D) (S//NF) If the NSL is seeking telephone toll records of an individual who is a member of the
news media or news organization and who is (i) a suspected or known intelligence officer, (ii)
affiliated with a news organization that is associated with a foreign intel1igenceservice, or (iii)
otherwise acting on behalf of a foreign power, there are no additional approval requirements
other than those set out in DIOG Section 18.6.6.3.3, unless a purpose of the NSL is to seek to
VE>r
sion Dated:
October 15, ZOJ 1
G-16
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Domestic In ·es:igarions and Operations Guide
§G
identify con den: ·aJ celJis GJ :a sources. If a purpose of the NSL is to seek to identify
confide n · ne ·s me ·~asources of such a member of the media, the General Counsel and
EAD- SB , t ap :o e :he 1 - L.
(U) Specific Procedur
: .e proced es for creating an NSL seeking either (i) the telephone
toll rec ords of, or C) re rds - at ma reveal communications with members of the news media
or ne ws organizztions are the same as set out in DIOG Section 18.6.6.3.7. When drafting an NSL
requir ing e ~i2 J a pro •als set forth above, the requesting field office must discuss in the EC
tba accom. anies ~· " · L, bether the investigation is seeking the records to identify
confidenri2l news med ia sources or reco rds that may reveal communications with members of
the ne,,,·s ::iedia o:-news organi zat ions. If the substantive division concurs, it must forward the
EC a:
L to OGC and EAD - SB requesting approval for the issuance of the NSL.
en nsulta ion with the AAG- NSD is required for the issuance of an NSL, the
ope:-ationa l i ision must submi t the request for an NSL to the General Counsel with an LHM
s ·:a le :or routing to the AAG-NSD.
(U) \ ihen General Counse l and EAD-NSB approval is required for issuance of an NSL, the
o "'rationa l division must, within 10 business days of receiving notice of General Counsel and
EAD - SB approval for the issuance of the NSL, forward an LHM to DOJ/NSD indicating the
General Counsel and EAD-NSB approved issuance of the NSL.
G-17
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Version Dated :
October 15. 2011
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Domestic In ·es:igarions and Operations Guide
§G
identify con den: ·aJ celJis GJ :a sources. If a purpose of the NSL is to seek to identify
confide n · ne ·s me ·~asources of such a member of the media, the General Counsel and
EAD- SB , t ap :o e :he 1 - L.
(U) Specific Procedur
: .e proced es for creating an NSL seeking either (i) the telephone
toll rec ords of, or C) re rds - at ma reveal communications with members of the news media
or ne ws organizztions are the same as set out in DIOG Section 18.6.6.3.7. When drafting an NSL
requir ing e ~i2 J a pro •als set forth above, the requesting field office must discuss in the EC
tba accom. anies ~· " · L, bether the investigation is seeking the records to identify
confidenri2l news med ia sources or reco rds that may reveal communications with members of
the ne,,,·s ::iedia o:-news organi zat ions. If the substantive division concurs, it must forward the
EC a:
L to OGC and EAD - SB requesting approval for the issuance of the NSL.
en nsulta ion with the AAG- NSD is required for the issuance of an NSL, the
ope:-ationa l i ision must submi t the request for an NSL to the General Counsel with an LHM
s ·:a le :or routing to the AAG-NSD.
(U) \ ihen General Counse l and EAD-NSB approval is required for issuance of an NSL, the
o "'rationa l division must, within 10 business days of receiving notice of General Counsel and
EAD - SB approval for the issuance of the NSL, forward an LHM to DOJ/NSD indicating the
General Counsel and EAD-NSB approved issuance of the NSL.
G-17
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Version Dated :
October 15. 2011