◆ SpookStack

To: All Divisions Frem: Office of tne General Counsel Re: 319X-HQO-A1487720-0GC, 04/07/2006 Standard for roving * The FISC must find the possibility of the target thwarting surveillance: | surveillance based upon specific facts, . + The order must describe the specific target in detail when authorizing a roving surveillance for a target whose identity is not known. Return requirement: ; *Presumed 10 day notice - the FBI (applicant) must provide notice to the court within 10 days unless the court finds good cause 10 justify a longer period of up to 60 days. The FBI must inform the court: « The nature and location of new facility. « The facts and circumstances relied upon by applicant. « Any new minimization procedures. « The total number of electronic surveillances that have been or are being conducted under the roving authority. Consistent with Congress’ intent to provide more oversight, the reporting requirements for FISA roving surveillance have been changed. Procedural Changes Related to FISA Roving Surveillance Congressional Oversight: OIPR will maintain responsibility for reporting on the FISA roving surveillance. Reporting cycle: The Attorney General will report on a semi-annual basts. Congressional - a * House Permanent Select Committee on Intelligence Committees: “2° | ¢ Senate Select Committee on Intelligence ae + Senate Judiciary Committee * Total number of applications made for orders and extensions. * Each criminal case in which information has been authorized for use at trial, during the period covered by such report. * Total number of emergency employments and total number of subsequent orders approving or denying surveillance. Reporting categories:: FISA OVERSIGHT CHANGES In section 109 of the USA PATRIOT Act Improvement and Reauthorization Act, Congress has implemented additional reporting requirements for the use of FISA physical search authority and FISA pen registers and trap and trace authority. This section modifies the reporting requirements in FISA sections 306 and 406(b).