◆ SpookStack

To: All BDivisions From: Office of the General Counsel Re: 2319X-HQ-A1487720-0GC, 04/07/2006 See. 124. Sense of Congress Relating to Lawful Political Activity. Congress uses this section to express the sense of Congress that federal investigations should not be based solely upon an American citizen’s membership in a non-violent political organization or their otherwise lawful political activity. Procedural Changes: None at this time. All employees are reminded, however, that neither criminal nor national security investigations of U.S. persons may be predicated solely on the exercise of First Amendment rights. Sec. 127. Sense of Congress. Congress uses this section to express its sense that the victims of terrorist attacks should have access to the forfeited assets of terrorists under 18 U.S.C. § 981. Procedural Changes: None at this time. If necessary, additional guidance may be issued in the future. DATA-MINING ACTIVITIES See, 126. Report on Data-Mining Activities. This section requires the Attorney General to report to Congress on any Department of Justice (including the FBI) initiative that uses pattern-based data-mining or is developing pattern- based data-mining. Among several topics, the report is to explain how any pattern-based data- mining initiatives collect, review, gather, and analyze information, and how the initiatives will ensure the accuracy of information and protect the privacy and due process rights of individuals. The statute defines pattern-based data-mining as follows in section 126(b)(1): (1) Data-Mining. The term “data-mining” means a query or search or other analysis of one or more electronic databases, where (A) at least one of the databases was obtained from or remains under the control of a non-Federal entity, or the information was acquired initially by another department or agency of the Federal Government for purposes other than intelligence or law enforcement; (B} the search does not use personal identifiers of a specific individual or does not utilize tnputs that appear on their face to identify or be associated with a specified individual to acquire information; and (C) a department or agency of the Federal Government is conducting the query or search or other analysis to find a pattern indicating terrorist or other criminal activity. Procedural Changes: FBI will participate in preparing the report. 25