◆ SpookStack

To: All Divisions From: Office of the General Counsel Re: 319X-HO-A1l487720-0GC, 04/07/2006 FISA Business Record: Non-Disclosure Provision: - Exceptions to non- disclosure: ¢ Extension of nondisclosure to others: Judicial Challenge of FISA Business Record authority: + Challenging the order: : | No person shall disclose the fact that the FBI has sought tangible things. | A recipient may disclose a FISA Business-Record Order to — (1) persons to whom disclosure is necessary to comply; (2) an attorney to obtain legal advice or assistance with respect to the production; (3) a person as permitted by the FBI Director (or designee). --| © If the recipient discloses to another person (see exceptions above), the recipient shall! notify the person of the nondisclosure requirement. « The person to whom disclosure is made shall be subject to the { nondisclosure requirement. * The FBI director (or designee) may ask the recipient to identify | the other persons to whom disclosure of the Business Record order will be made (except that the recipient does not have to identify the attorney). The recipient of a FISA Business Record order may challenge the legality of the order in the Foreign Intelligence Surveillance Court. « Recipient may move to modify or set aside the order. * FISC may grant the motion only if the order does not meet the "~ # requirements of FISA or is otherwise unlawful.