◆ SpookStack

To: All Divisions From: Office of the General Counsel Re: 319X-HO-A1487720-OGC, 04/07/2006 Pen register/trap and trace The initiations and renewals for United States persons wil] remain the same. FISA BUSINESS RECORD CHANGES’ Sec. 106. Access to Certain Business Records Under Section 215 of the USA PATRIOT Act. Section 106 makes the foliowing changes to Sections 501 and 502 of the Foreign Intelligence Surveillance Act (FISA) regarding access to 215 Business Records. Procedural Changes Related to FISA Business Records: FISA Business Records, which have been the subject of much debate, have been modified to contain more safeguards to protect civil liberties and privacy. These safeguards include special procedures and approvals for certain types of tangible things (i.e., library records), a directive to develop “minimization procedures,” the recipient’s right to seek judicial review of an order, and a recipient’s right to disclose an order for the purpose of obtaining legal advice or for assistance in complying with the order. The following charts summarize significant provisions in the new law, Scope of FISA Business . _} + This authority may be used to obtain “any tangible things Records authority... | (including books, records, papers, documents, and other ae te w-. : | items).” This authority is broad, similar in scope to a criminal *"} grand jury subpoena. | * This authority requires additional procedures for certain special categories of records (see below). > The changes included in this section also include the changes made by section 3 and 4 of the “USA PATRIOT Act Additional Reauthorizing Amendments Act of 2006.” 5