◆ SpookStack

To: All Divisions From: Office of the General Counsel Re: 319X-HO-A1487720-0GC, 04/07/2006 Examine Effectiveness of | The audit will examine: NSLs: * Importance of the information acquired by DOJ to the 1 intelligence activities of DOJ and other members of the IC. * How information is collected, retained, analyzed, and disseminated (including access to raw data) to members of the IC community, and other Federal, State, local or tribal governments, or private sector entities. * How often NSL information was used to produce an analytical intelligence product for distribution to the }C community, and to other Federal, State, local or tribal governments. * Whether, and how often, NSL information was provided to law enforcement authorities for use in criminal investigations. * Following enactment of the USA PATRIOT IRA, the number of NSLs issued without the certification necessary to create a nondisclosure obligation. - + | * Types of electronic communications and transactional ‘| information obtained under § 2709, and the procedures DOJ | used if content information is obtained. Feasibility of - | «Not later than February 1, 2007, or upon completion of the Minimization Procedures: | 2003/2004 audit, the Attorney General and the Director of Se » -- 4 Nattonal Intelligence shail jointly submit a report on the feasibility of applying minimization procedures to protect the constitutional righis of U.S. persons. * Report goes to the House Judiciary Committee, the House _ | Permanent Select Committee on Intelligence, the Senate | Judiciary Committee, and the Senate Select Committee on | Intelligence. DELAYED NOTICE SEARCH WARRANTS Sec. 114. Delayed Notice Search Warrants. The section changes the procedural requirements for the warrants and increases the oversight of the delayed notice search warrants (18 U.S.C. § 3103a). A major change is the implementation of a 30 day notice requirement, as opposed to the former requirement of “within a reasonable period” of the warrant’s execution. — Procedural Changes Related to Delayed Notice Search Warrants: In applicable cases, the FBI (through the U.S. Department of Justice trial attorney or Assistant United States Attorney) must provide the facts to a court to show there is “reasonable cause to believe that providing immediate notification of the execution of the warrant may have an adverse effect.” The showing will have to be updaied for each extension. 22