◆ SpookStack

To: All Divisions From: Office of the General Counsel Re: 319X-HO-A14B7720-O0GC, 04/07/2006 Examine effectiveness 0 Audit will look at the following for effectiveness — the tool: 7 + Categories of records obtained. « The importance to the FBI and the IC of the information obtained. ¢ The manner in which the information is collected, retained, analyzed, and disseminated by the FBI (this will include an examination of the access to “raw data” provided by the FBI to other agencies of the Federal, State, local, or tribal governments, or private sector agencies). « The minimization procedures adopted by the AG. « Whether, and how often, the FBI used information to produce analytical intelligence products for the FBI, the IC, or other Federal, State, local, or tribal government agencies. « Whether, and how often, the FBI provided the information to law enforcement authorities for criminal proceedings. Examine the process: ——| The audit process will look at the following: * How often the FB] requested DOJ to submit an application and the request was not submitted to the court (including the basis for the decision). ‘| « Whether the court granted, modified, or denied the application. + The justification for the failure of the AG lo issue implementing procedures governing the requests in a timely fashion, including whether the delay harmed national security. * Whether bureaucratic or procedural impediments prevent the FBI from fully using the authority. FISA ROVING SURVEILLANCE CHANGES Sec. 108, Multipoint Electronic Surveillance Under Section 206 of the USA PATRIOT Act. This section modifies FISA sections 104(a) and 105(c), to clarify the amount of detail the FBI must provide to obtain a FISA roving surveillance order. Procedural Changes Related to FISA Roving Surveillance: The application must now include a description of the “specific” target when the target is tdentifted by description rather than by name. The section also adds a return requirement on the FBI in national security investigations. This is consistent with Congress’ intent to provide an extra layer of judicial review and to prevent the potential abuse of this investigative authority. OIPR will implement the new requirements for the FISA roving surveillance. OIPR and FBI OGC may develop more specific guidance on the new process for obtaining this authority tn the future.