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fbi-fisa-query-guidance-nutshell — Part 01
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SECRET//NOFORN
and are designed only to return evidence of a crime are permitted in connection with a predicated
criminal investigation opened by the FBI that does not relate to national security. However, if
those queries return raw Section 702 content, you must first obtain an order from the FISC
in accordance with Section 702(f)(2) before accessing the content. The only exception to this
order requirement is if there is a reasonable belief that such content could assist in mitigating or
eliminating a threat to life or serious bodily harm. It is essential that you follow the prompts and
answer the questions in FBI systems when conducting such a query..
(U)
S//NE Batch Queries: You may want to use the batch query tool in.
or its
successor system) to conduct a batch job consisting of multiple queries. It is important to note
that each and every identifier queried must independently satisfy the querying standard by.
having an authorized purpose, an appropriate design, and a proper justification. Further, b3
prior to conducting a batch job ir
(or its successor system) that runs against raw FISA
b7E
collection and includes 100 or more identifiers, FBI policy requires that you obtain the approval
of an FBI attorney prior to conducting the query. Your CDC/ADC and NSCLB will be able to
provide you with guidance and training on how to comply with this requirement.
(U) U.S. Person or Non-U.S. Person: For each query that runs against raw Section 702.
collection, you must specify whether the query is a (1) U.S. person query, or (2) a non-U.S..
entities or keywords. It is essential that you review and properly apply the presumptions in the
FBI Section 702 Querying Procedures. In general:
(U)
(S//NE)When U.S. person status is known, presumptions are not needed. If you
know that a particular identifier that you are planning to query is a U.S. person query
term, you must select the "USPER"' query option. Conversely, if you know that a
particular identifier that you are planning to query is not a U.S. person or presumed .
(U)
U.S. person query term, you must select the "OTHER"' option..
-(S//NF) When U.S. person status is unknown, you must apply presumptions:
{U}
O....S//NE) A person known to be located in the United States will be presumed to be
a U.S. person if that person's status is unknown, unless the person is identified as
an alien not admitted for permanent residence or circumstances give rise to a
reasonable belief that the person is not a U.S. person..
(U)
Or--(S//N) A person known to be outside of the United States, or whose location is
unknown, will be presumed to be a non-U.S. person if that person's status is
unknown, unless circumstances give rise to a reasonable belief that the person is a
U.S. person
{U)
O
.(S//NF) If any of the query terms in the batch job are a U.S. person or presumed
U.S. person identifier, the entire batch job must be treated as such when deciding
to run the batch job.
(U) After reviewing NSD's FBI FISA Query Guidance and this nutshell, if you have.
questions about querying raw FISA collection, please contact your CDC/ADC, NSCLB, or
NSD.
SECRET/NOFORN
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