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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The Attorney General shall be notified by the General Counsel, DoD, as soon as possible of the sur- veillance, the circumstances surrounding its authori- zation, and the results thereof, and such other infor- mation as may be required to directuve continuation of such surveillance. Any infor- mation collected incidentally about United States per- sons shall be subjected to minimization procedures ap- proved by the Attorney General.

Policy governing control and indexing of electronic surveillance information is contained in procedure 3, sections E and F. Searches of mail outside US postal channels may be ap- proved by the following officials: Telephone numbers, radio frequencies, or ra- dio telephone call signs involved in the interception.

No content of any com- munication may be retained or used other than as pro- vided in subsection B. Information may be gathered by in- telligence components using techniques described in pro- cedures 5 diective 10 for other than foreign intelligence or counterintelligence CI purposes. Procedures 11 through 15, while not requiring approval by the Attorney General, contain further guidance to DoD Components in implementing Executive Order as well as Executive Order”President’s Intelligence Oversight Board.

Officials authorized to approve concealed diredtive itoring under this procedure include the Deputy Under Secretary of Defense Policy ; the Director. Conduct of vulnerability directivee 2. Within the United States, a DoD intelligence component may conduct concealed monitoring only on dirrctive 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.

Information acquired prior to effective date.

Information about United States persons collected in- cidentally to authorized collection may be retained if: Military tactical communications may be retained and processed without deletion of references to United States persons who are participants in, or are otherwise mentioned in exercise- related communications, provided that the communi- cations of United States persons not participating in the. Renewal requests for non-US per- son cases involving specific individuals 5240.11-r be approved for a period up to 90 days.


Concealed monitor- ing conducted under subsection C. Other military personnel and civilian employees of the Department of the Army when they engage in intelligence activities as that term is defined in appendix A, paragraphs 8 and Refer to the message or messages that trans- mitted the indexing information. Inadvertent interception of US person conver- sation s. Army implementation is con- tained in AR Communications subject to lawful electronic surveillance under the provisions of Parts 1, 2, or 3 of this procedure may be used subject to the minimization procedures applicable to such surveillance.

Explanation of Undefined Terms Page C. The term vulnerability survey refers to the ac- quisition of radio frequency propagation and its sub- sequent analysis to determine empirically the vulnera- bility of the transmission media to interception by foreign intelligence services.

Persons in contact with persons described in paragraph C. Impose such sanctions as may be appropriate upon any employee who violates the provisions of this Regulation or any instruction 52240.1-r thereunder.

Weapons of Mass Destruction (WMD)

Requests for approval of concealed monitoring will be coordinated with the legal advisor to the ap- proving authority. Includes in- quiries and other activities undertaken to determine whether a particular United States person is acting for. Information shall be considered as “collected” only when it has been received for use by an employee of a DoD intelligence component in the course of his official duties. Signals authorized for use Acquisition of a non- public communication by electronic means without the consent of a person who is a party to an electronic communication or, in the case of a nonelectronic com- munication, without the consent of a person who is visibly present at the place of communication, but not including the use of radio direction finding equipment solely to determine the location of a transmitter.

The use of such countermeasures is limited in extent and duration to that necessary to determine the existence and capability of such equipment; and 3. Each report of a questionable activity shall be investigated to the extent necessary to determine the facts and assess whether the activity is legal and is con- sistent with applicable policy.

DoD Directive 5240.1-R

Temporary retention 5. DoD intelligence components are authorized to open mail to or from a United States person that is found outside United States postal channels only pur- suant to the approval of the Attorney General. directivve

No content of any transmission may be ac- quired by any means. Specifically, procedures 1 through 10, as well as appendix A, herein, require approval 2540.1-r the Attorney General. These procedures do not apply to participation in organizations for solely per- sonal purposes. Electronic surveillance directed against a US person abroad also may diredtive performed pur- suant to this part of procedure 5 for any other lawful function assigned an Army intelligence component.


Except in extraordinary sit- uations, written consent forms will be executed by all individuals consenting to the electronic surveillance.

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

2540.1-r conducting such activities, em- ployees shall not exceed the authorities granted the employing DoD intelligence components by law; Ex- ecutive Order, including EO reference aand applicable DoD directives.

Questions that cannot be resolved in this man- ner shall be referred to the General Counsel of the Military Department concerned, or, as appropriate, the General Counsel of the Department of Defense for resolution.

Cited in procedure 1, section A. Information that has been published or broadcast for general public consumption, is available on request to a member of the general pub- lic, could lawfully be seen directibe heard by any casual ob- server, or is made available at a meeting open to the general public.

Control of Electronic Surveil- lance Information 1. This regulation is intended to complement other intelligence regulatory policy; it does not establish independent authority for intelligence activities. Personnel security 9. The offices within the Department of Defense for the collection of specialized national foreign intel- ligence through reconnaissance programs. Ensure that employees cooperate fully with the Intelligence Oversight Board and its representa- tives.

A corpora- tion or corporate subsidiary incorporated abroad, even if dkrective or wholly owned by a corporation incorpo- rated in the United States, is not a United States person. The contract is for published material able to the general public or for routine goods or ices necessary for the support of approved activi such as credit cards, car rentals, travel, lodging, mt rental of office space or apartments, and other itt incident to directuve activities; or b.

Limitations on use of concealed monitoring. Such information could have been collected intentionally under Procedure 2; b. However, such col- lection must comply with the following: Information about United States persons may be retained if it was collected pursuant to Procedure 2. Investigating or preventing clandestine intel- ligence activities by foreign powers, international nar- cotics activities, or international terrorist activities; b. Communications concerning a United States person are those in which the United States person is identified in the communication.

Foreign communications 2.