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(U) NSA and Department of Justice -- True Partners in Crime (well,
against crime)
FROM:
NSA Representative to Department of Justice (S112)
Run Date: 06/13/2006
(S//REL) The Department of Justice is a unique SIGINT customer, since it's staffed mostly by
attorneys, rather than intelligence analysts, agents, or combatants. Furthermore, the DoJ acts
not only as a customer of our intelligence - it also plays a major role in enabling us to carry out
certain types of SIGINT collection. Our interactions with the DoJ, therefore, are quite important
and extensive.
(S//REL) Some of our main collaborators at the DoJ work in their Office of Intelligence Policy and
Review (OIPR). OIPR is the clearinghouse for all requests from NSA, CIA, and FBI for special
warrants to collect the communications of U.S. persons who have confirmed ties to terrorist
organizations. These orders, called "FISA" (Foreign Intelligence Surveillance Act) warrants
, are approved by judges who comprise the Foreign Intelligence Surveillance Court. The judges
must certify that the user of the phone number or e-mail address reasonably poses a threat to
the United States and warrants monitoring. The attorneys of OIPR work closely with NSA's Office
of General Counsel staff and the CT FISA Team, the focal point for FISA matters within NSA's CT
Product Line.*
(TS//SI) Once the FISA warrants are approved, collection is carried out by the FBI (also, of
course, part of the DoJ). As detailed in an earlier SID today article , 40% of NSA's
Counterterrorism reporting is derived from FISA sources.
(S//SI) SID interaction with Justice is not limited to OIPR at Main Justice; several offices within
the DoJ Criminal Division in nearby buildings also receive SIGINT support. NSA's International
Crime and Narcotics Product Line (S2F), which reports on Russian and other international
organized crime , has had a long-standing relationship with the attorneys of the Organized
Crime and Racketeering Section (OCRS) there. Recently, an item from S2F's Transnational
Organized Crime Branch was approved for foreign release at the SECRET level in order to block
an Israeli organized crime figure's bid (via a front energy company) to buy a refinery. This crime
figure is a major target by OCRS - an enthusiastic consumer of SIGINT on organized crime.
(U//FOUO) Other sections of the Criminal Division that rely on SIGINT are:
The Asset Forfeiture and Money Laundering Section - They are compiling a case against
the North Korean Government for its involvement in counterfeit production of U.S.
currency;
The Counterespionage Section, always interested in foreign intelligence personnel
traveling through the United States; and
The Domestic Security Section, which investigates cases of alien smuggling and
violent crime.
These are the main topics where the handoffs between SIGINT and DoJ investigative leads are
often a cyclic interplay that yields either more lead information or actionable intelligence.
(U//FOUO) One particularly valuable service that SID provides to the highest level of the Justice
Department is the Executive Travel Guide , produced by SID's Center for Executive Protection
(S2I4) for any foreign travel by the U.S. Attorney General. His protective detail relies heavily on
the content of these reports, which indicate local sources of contact for various contingencies
that may arise during the trip.
(U//FOUO) I've greatly enjoyed serving as the NSA Representative to the Department of Justice.
Whether it's a matter of NSA's requesting DoJ FISA support or DoJ's requesting NSA SIGINT
support, the partnership has a mature synergy that bridges the information divide, so often cited
as critical in the post-9/11 era.
*Note:
(U//FOUO) Recently, the OIPR has expressed an interest in asking for NSA to provide up to 45
NSTS telephones for its attorneys to more easily communicate securely with colleagues from
other intelligence agencies on FISA cases. This direct contact will enable them to eliminate the
inconvenience of STU-III service and the crypto-ignition key management. Improved secure
communications will eventually culminate in a stronger relationship with NSA and the rest of the
Intelligence Community -- truly a mutual benefit in the Government's war on terrorism and the
imperative of increased collaboration.
(U//FOUO) Last March, the DoJ reviewed how satisfied they were with SID's support. See (U)
Department of Justice: The Verdict on SID .
"(U//FOUO) SIDtoday articles may not be republished or reposted outside NSANet
without the consent of S0121 (DL sid_comms)."
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DERIVED FROM: NSA/CSSM 1-52, DATED 08 JAN 2007 DECLASSIFY ON: 20320108