D. (U) Communications between U.S. persons. Communications solely between U.S. persons inadvertently retrieved during the selection of foreign communications will be destroyed upon recognition, except:
1. (U) When the communication contains significant foreign intelligence or counterintelligence, the head of the recipient IC element may waive the destruction requirement and subsequently notify the DIRNSA and NSA's OGC; or
2. (U) When the communication contains evidence of a crime or a threat of death or serious bodily harm to any person, or anomalies that reveal a potential vulnerability to U.S. communications security, the recipient IC element will notify NSA's OGC, which will review it according to the applicable NSA procedures and policies.The applicable policy is the 'Memorandum of Understanding' as noted on the following pages about the dissemination of information.
4. (U) Evidence of a crime. The information is evidence of a possible commission of a crime and reported as provided in the Memorandum of Understanding: Reporting of Information Concerning Federal Crimes, or any successor documents.The Memorandum in question sets the procedure for reporting evidence of crimes committed by U.S. citizens to federal law enforcement agencies as noted in a 2015 NSA document titled Minimization Procedures Used By The NSA In Connection With The Production of Call Detail Records (CDRs)
Notwithstanding the above requirements, CDRs which do not contain foreign intelligence information related to international terrorism but are reasonably believed to contain evidence of a crime that has been, is being, or is about to be committed may be disseminated (including United States person identities) to appropriate Federal law enforcement authorities, in accordance with 50 U.S.C. 1861(h), Executive Order 12333, and, where applicable, the crime reporting procedures set out in the August 1995 “Memorandum of Understanding: Reporting of Information Concerning Federal Crimes,” or any successor document. Such CDRs may be retained by NSA for a reasonable period of time, not to exceed six months unless extended in writing by the Attorney General, to permit law enforcement agencies to determine whether access to original CDR s are required for law enforcement purposes.I wonder what else was an accident? Maybe the last eight years was just one big ass mistake (for) americans.