Procedures of DoD R, “Procedures Governing the Activities Purpose: In accordance with the authority in DoD Directive Key Orders, Directives, and Regulations. • Executive Order • DoD Directive • DoD R. • Supplemented by. DTM Directive , and rep1aces the November 30, version of DoD -R. It is app1icab1e to a11 DoD inte11igence components.

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This review will as- sure that the contents are relevant to the purpose of the electronic surveillance coverage.

This regulation is effective immediately. Persons who are reasonably believed to be prisoners of war: A person or organization outside the United information to the contrary is obtained. Policy governing electronic surveillance of non-US persons con- ducted outside the United States is contained in sections F and G, below.

DoD Directive 5240.1-R

Procedure for forwarding backup material. Requests for approval will be forwarded through command channels. The Director, National Security Agency may conduct, or may au- thorize the conduct by other agencies, of hearability surveys of telecommunications that are transmitted in the United States.

Personnel security 9. C ase approval authority. Activities undertaken by or in support of terrorists or terrorist organizations that occur totally outside the United States. These procedures do not apply to participation in organizations for solely per- sonal purposes. The information is foreign intelligence or counterintelligence collected from electronic surveil- lance conducted in compliance with this Regulation; or d.

However, if the content is acquired within the United States, only information which is necessary to protect against un- authorized electronic surveillance, or to enforce Chap- ter of title 18, United States Code reference d and Section of the Communication Act of reference emay be retained and disseminated only for these purposes.

If applicable, include the address, telephone number, room number, whether inside or outside a building, and whether on public or private property. A person generally will be considered distinguishable from others with the same name when the information required by one or more of subsections 3b-e and g is known. Policy governing control and indexing of electronic surveillance information is contained in procedure 3, sections E and F. Investigating or preventing clandestine intel- ligence activities by foreign powers, international nar- cotics activities, or international terrorist activities; b.

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Criteria for physical surveil- lance outside the United States 3. Participation without such disclosure is permitted only if it is consistent with the limitations set forth in sub- section C.

Outside the United States, physical surveillances of United States persons who are not within the inves- tigative jurisdiction of the DoD intelligence component concerned will be forwarded through appropriate chan- nels to the Deputy Under Secretary of Defense Policy for approval.

Requests for authority to conduct unconsented physical searches within the United States or of US per- sons abroad. If the identities of the users of such AR facilities aie not identical with the identities of the own- ers of the facilities, the identity of such users may be obtained but not from the content of the transmissions themselves, and may be included in such report or log.

Describe nature and content of conversations expected to be intercepted. Information may be collected about a United States person if it is publicly available. Information needed to protect the safety of any persons or organizations, including those who are tar- gets, victims or hostages of international terrorist or- ganizations; e.

The time required would cause failure or de- lay in obtaining significant foreign intelligence or coun- terintelligence and such failure or delay would result in substantial harm to the national security; b. Explanation of Undefined Terms Page C.

DoD Directive R | The IT Law Wiki | FANDOM powered by Wikia

Rea- sonable belief can be based on experience, training, and knowledge in foreign intelligence or counterintelligence work applied to facts and circumstances at hand, so that a trained and experienced “reasonable person” might hold a reasonable belief sufficient to satisfy this criterion when someone unfamiliar with foreign intelligence rirective counterintelligence work might not.

Limitations on use of undisclosed participa- tion for foreign intelligence purposes within the United States. DoD intelli- gence components may provide the following types of assistance to law enforcement authorities: Such foreign intelligence cannot be reasonably obtained by overt means; 3. Incidentally obtained information that may indicate involvement in activities that may violate federal, state, local or foreign laws; and j.

Procedures 11 through 15 govern other aspects of DoD intelligence activities, in- cluding the oversight of such activities.

Within the United States, a DoD intelligence component may conduct concealed monitoring only on an installation or facility owned or leased by DoD, or AR 1 July otherwise in the course of an investigation conducted pursuant to the Agreement Between the Secretary of Defense and the Attorney General, reference g.

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Address of the premises at which the surveil- lance was conducted. If such activities have been or are being undertaken, the matter shall do investigated dieective subsection C. It implements DoD Directive A description of the significant foreign intelli- gence or counterintelligence expected to be obtained from the electronic surveillance. Information maintained in the indices must be retrievable by the following: Non-consensual elec- tronic surveillance of non-US persons abroad may be conducted for any lawful function assigned the Army intelligence component.

Electronic surveillance is “outside the United States” if the person against whom the electronic sur- veillance is directed is physically outside the United States, direvtive of the location at which surveillance is conducted. DoD intelligence components may request U. The report will include an explanation of the nature of the emer- gency situation. This review will be conducted in conjunction with the annual review of files under AR or ARas appropriate. Contracts with academic institutions.

Other signals may be used only where it is determined that it is not practical to use the signals described above and it is not reasonable to obtain the consent of persons incidentally subjected to the sur- veillance.

Elec- tronic surveillance within the United States is subject to the definitions in the Foreign Intelligence Surveil- lance Act ofreference b. That regulation shall provide that signals intelli- gence activities which constitute electronic surveillance, as defined in Parts 1 and 2 of this procedure, will be authorized in accordance with those parts.

Weapons of Mass Destruction (WMD)

Notifying the indexer 6. Cited in pro- cedure 1, section B, and procedure 2, sec- tions C. Limitations on undisclosed participation 2. Cited in procedure 12, section A.

Reports 5240.1- be disseminated. Explanation of Undefined Terms Vi 1 July ‘. Information acquired prior to effective date. The proponent agency of this regulation is the Office of the Assistant Chief of Staff for Intelligence.