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(fofire of the El?n-meg (Erneral

01. 31530
March 19, 2015

 

MEMORANDUM FOR THE NATIONAL SECURITY 

  
  
 

FROM: THE ATTORNEY GENERAL
CC: THE FEDERAL BUREAU OF INVESTIGATION

SUBJECT: Procedures for Processing Foreign Intelligence Surveillance Act 
Applications Targeting Known Media Entities or Known Members of the Media

This memorandum directs the National Security Division to implement the
following procedures that are designed to ensure that the Attorney General or Deputy
Attorney General reviews those FISA applications targeting known media entities or
known members of the media, so that review of such FISA applications occurs at even higher
levels than otherwise permitted by FISA and existing AG orders:

1. All PISA applications under Title I (electronic surveillance), Title 
(physical search), Title IV Title (business records?which do not
require formal AG approval under the statute), Section 703 (targeting certain
U.S. persons located outside the U.S.), or Section 704 (targeting certain U.S.
persons located outside the US.) that target known media entities or known
members of the media must be presented to the AG or DAG for approval prior
to submission to the Foreign Intelligence Surveillance Court but,
upon direction of the AG or DAG, any such applications may be referred to
the Assistant Attorney General for NSD for disposition.

2. Once the AG or DAG has approved the submission of an application to the
FISC as set forth in paragraph 1, or referred that application to the AAG for
NSD for disposition, subsequent applications for the same target (such as
renewal applications or motions) should be presented to the AAG for NSD
unless circumstances related to the target?s news media status have changed
subsequent to AG or DAG approval or referral. If circumstances have
changed, the application must be presented to the AG or DAG for approval;
but, upon direction of the AG or DAG, any such applications may be referred
to the AAG for NSD for disposition. 

3. To the extent that an entity or individual who is already a FISA target
subsequently is assessed to be a known media entity or known member of the
media, the AG or DAG will be so noti?ed 

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4. The Federal Bureau of Investigation will identify to NSD as soon as

known whether any tar et under PISA is a known media entity or known
member of the medial-E I

 

 

 

 

Iln assessmg whether to reter matters
to the AU or DAG, NED and the r151 shall err on the side of referral.

 

These procedures are solely for internal Department of Justice guidance. They are not
intended to, do not, and may not be relied upon to create any rights or bene?ts, substantive or
procedural, enforceable at law or in equity in any matter, civil or criminal, by any party against
the United States, its departments, agencies, or entities, its of?cers, employees, or agents, or any
other person, nor do they place any limitation on otherwise lawful investigative and litigative
prerogatives of the Department of Justice.

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