Procedures under FISC Order Pursuant to 702(1)(2)

To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following records:

Date: May 19, 2023

Federal Bureau of Investigation
FOIA/PA Request
Record/Information Dissemination Section
170 Marcel Drive
Winchester, VA 22602-4843

Attn: FOIA Officer

Subject: Freedom of Information Act (FOIA) Request – Procedures under FISC Order Pursuant to 702(1)(2)

Dear FOIA Officer,

Under the provisions of the Freedom of Information Act, 5 U.S.C. § 552, I hereby request access to and copies of all records held by the Federal Bureau of Investigation (FBI) pertaining to procedures under the Foreign Intelligence Surveillance Court (FISC) Order pursuant to 702(1)(2).

For the purpose of this request, the term "records" should be interpreted in the broadest sense, as defined in the FOIA, to include any and all document formats, including but not limited to paper documents, digital/electronic documents, audio, video, and any other format that may contain relevant information. This includes, but is not limited to, emails, memos, briefings, reports, transcripts, minutes, and any other official communication or documentation.

The records I seek include, but are not limited to:

1. All records, regardless of format (e.g. doc, pdf, email, audio-visual), detailing FBI procedures, regulations, and guidance regarding querying under FISC Order pursuant to 702(1)(2).
2. All records outlining the protocol for interpreting and complying with these regulations.
3. All records, in all formats, related to the implementation or changes in the querying procedures under FISC Order pursuant to 702(1)(2).
4. Any and all records relating to training materials or similar documents used to inform or instruct FBI personnel about the aforementioned procedures and regulations.
5. All records, regardless of format, pertaining to internal and external communications regarding the procedures under FISC Order pursuant to 702(1)(2).
6. Any records, memos, communications, or correspondence between the FBI and the Department of Defense (DoD) related to these procedures and regulations.

This request also includes a search of all appropriate systems, databases, and document management systems used by the FBI, including but not limited to, the Sentinel Case Management System, the Automated Case Support system (ACS), the Electronic Surveillance (ELSUR) Data Management System, and the Central Records System (CRS).

Should any portion of the requested records be deemed exempt from disclosure, I request the release of any reasonably segregable non-exempt portions in accordance with 5 U.S.C. § 552(b). If an entire document is exempt, I request a justification, citing specific FOIA exemptions, and provision of an exemption log as per Vaughn v. Rosen, 484 F.2d 820 (D.C. Cir. 1973).

Given the specificity of my request, I believe that it would not allow for a response under the Glomar doctrine, as the existence or non-existence of the specific procedures and documents requested would not, in and of itself, cause harm to national security, law enforcement, or any other interest protected under FOIA exemptions.

Please note your obligation under the law not to destroy any records potentially responsive to this request. Any withholding, redaction, or destruction of responsive records without proper justification constitutes a violation of the FOIA and is subject to litigation, as confirmed in Kissinger v. Reporters Committee for Freedom of the Press, 445 U.S. 136, 150 (1980).

I would also like to request that any responsive records be provided in electronic format to the extent possible. If certain records can only be provided in physical format, I am prepared to receive them as such.

I also request a waiver of all fees for this request as the disclosure of the requested information is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in my commercial interest.

Should my request be denied in whole or in part, I ask that you justify all deletions by reference to specific exemptions of the act. I will also expect you to release all segregable portions of otherwise exempt material. I, of course, reserve the right to appeal your decision to withhold any information or to deny a waiver of fees.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.

Sincerely,

Jordan Lassiter