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Disseminating the Identity of a U.S. Person When an Imminent Threat Exists

SUMMARY

Under USSID SP0018, a signals intelligence organization can publicly disclose a U.S. person mentioned in an intercepted communication if there is an “imminent or immediate threat” to a person’s safety. “Imminent and immediate” means within a 24-hour period, so an agent could reveal the identity of someone who has just been kidnapped, but not someone who could be kidnapped in two weeks.

DOCUMENT’S DATE

Oct 19, 2005

PUBLICLY AVAILABLE

Mar 01, 2018

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DYNAMIC PAGE -- HIGHEST POSSIBLE CLASSIFICATION IS TOP SECRET // SI / TK // REL TO USA AUS CAN GBR NZL (C//SI) Disseminating the Identity of a U.S. Person When an Imminent Threat Exists FROM: USSID 18 Reporting Advisor, SID/Oversight and Compliance (SV) Run Date: 10/19/2005 (U//FOUO) Guidance for disseminating the identities of U.S. persons when the identity is pertinent to the safety of any person or organization... (C//SI) Per USSID SP0018, section 7.3.b1 , all SIGINT production organizations are authorized to disseminate the identities of U.S. Persons when the identity is pertinent to the safety of any person or organization. This means the Product Lines are the approval authorities in such cases. (U//FOUO) What is the definition of imminent or immediate threat? "Imminent or immediate" means that an event that could jeopardize the life or well being of any person is to occur within 24 hours or less. The information is perishable and needs to be in the hands of actionable organizations/agencies as soon as possible. (U//FOUO) A physical threat to safety includes human-driven incidents, such as terrorist attacks, hostage takings, or hijackings. (U//FOUO) Some examples of permissible dissemination of U.S. Person identities involving imminent threats to safety: Permissible: terrorist Ali Baba will bomb the U.S. hotel Marriott in Jakarta within the next few days (since the attack may be imminent, i.e. within 24 hours, it would be appropriate to name the U.S. hotel). NOT permissible: Islamic extremists will bomb The U.S.-incorporated Super Widget Company in Riyadh two weeks from today (the attack is not imminent, i.e. not within 24 hours). Permissible: Colombian drug group Drogueros Locos took U.S. journalist Jane Doe hostage today at 1315 local time. She is the fourth foreign journalist to be abducted by a group claiming to support the overthrow of the current government. (The journalist may be harmed or killed at any moment.) NOT permissible: Drogueros Locos plan to conduct hostage-taking operations next week against U.S. journalists John and Jane Doe. (The hostage-taking is not imminent, i.e. within 24 hours.) (C//SI) Reporting units shall advise Oversight and Compliance (DL USSID18/ ) and S12C3 (DL IDENTS/ ) of any report containing the identity of a U.S. Person reported under this guidance. Field units shall advise Oversight and Compliance and S12C3 via CRITICOMM message (DDI XAO) and include the report date-time-group (DTG), product serial number, and the reason for inclusion of the U.S. Person's identity. All inclusions of U.S. identities under this guidance shall be submitted to the Quarterly Report to the NSA Inspector General. "(U//FOUO) SIDtoday articles may not be republished or reposted outside NSANet without the consent of S0121 (DL sid_comms)." DYNAMIC PAGE -- HIGHEST POSSIBLE CLASSIFICATION IS TOP SECRET // SI / TK // REL TO USA AUS CAN GBR NZL DERIVED FROM: NSA/CSSM 1-52, DATED 08 JAN 2007 DECLASSIFY ON: 20320108
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