SECRET//NOFORN 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//NOFORN 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 SECRET//NOFORN .cCRET/ 10 FORl"\f 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 SECRET//NOFORN Version Dated : October 15. 2011