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New Guidelines on Sharing Intelligence Information

Attorney General John Ashcroft released new guidelines yesterday for sharing information between federal law enforcement agencies and the U.S. intelligence gathering community. The Guidelines apply to Sections 203 and 905 of the U.S.A. Patriot Act.

From the Justice Department Press Release:

"Before passage of the USA PATRIOT Act, a prosecutor was not permitted to disclose federal grand jury and electronic, wire, and oral interception information to federal law enforcement, intelligence, protective, immigration, national defense, or national security officials, even if that information indicated that terrorists were planning a future attack, unless such officials were assisting with the criminal investigation itself. "

"Section 203 of the USA PATRIOT Act allows the dissemination of that information to assist these officials in the performance of their official duties, such as protecting the nation's security, even if unrelated to the criminal investigation. Today's guidelines establish procedures for the disclosure to the intelligence community of grand jury and electronic, wire, and oral interception information that identifies a United States person, as defined by federal law."

"Section 905(a) of the USA PATRIOT Act requires federal law enforcement agencies, pursuant to guidelines developed by the Attorney General, to disclose expeditiously to the Director of Central Intelligence foreign intelligence acquired in the course of a criminal investigation."

"Today's guidelines formalize the procedures and mechanisms already established for the Department of Justice and other federal law enforcement agencies that may acquire foreign intelligence in the course of a criminal investigation. "

"The Attorney General also announced guidelines pursuant to section 905(b) of the USA PATRIOT Act, which address the procedures by which the Criminal Division of the Justice Department notifies the Director of Central Intelligence of its intent to commence or decline criminal investigation of possible criminal activity involving foreign intelligence sources or potential foreign intelligence sources."

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