◆ SpookStack

To: All Divisions From: Office of the General Counsel Re: 349X~HO-A1487720-0GC, 04/07/2006 Section 223 Civil liability for certain unauthorized disclosures. Section 225 Immunity for compHance with FISA wiretap. Procedural Changes: None at this time. If necessary, additional guidance may be issued in the future. FISA Roving Authority December 31, 2009 FISA Business Records Authority December 31, 2009 Sec. 103. Extension of Sunset Relating to Individual Terrorists as Agents of a Foreign Power. Section 6001(b) of the Intelligence Reform and Terrorism Prevention Act of 2004 (ERTPA) addressed the “lone wolf” terrorist by broadening the definition of the “agent of a foreign power” for any person other than a United States person to include a person who “engages in international lerrorism or activities in preparation thereof.” The USAPA IRA extends the sunset of this provision 4 years (until December 31, 2009). Procedural Changes: None at this time. If necessary, additional guidance may be issued in the future. Provision*® “> sds) New Sunset Date 28 FISA “Lone Wolf’ December 31, 2009 FISA DURATION CHANGES Sec. 105. Duration of FISA Surveillance on Non-United States Persons under Section 207 of the USA PATRIOT Act. Section 105 extends the duration of both initiations and renewals of electronic surveillance (FISA § 105(e)), physical search (FISA § 304(d)), and pen register/trap and trace surveillance (FISA § 402(€)) for agents of a foreign power who are not U.S. persons. Procedural Changes Related to the New FISA Durations: DOJ Office of Intelligence Policy and Review will implement these changes to the FISA process. The new durations for non-United States persons are reflected in the chart below. Overall, the new durations should translate into considerable savings in FBI and OIPR resources.