FISA MEMO 1/23/18 Pages 5-7 @realDonaldTrump +++ #FLYNNL1VE5 +++ MEMO RELEASED #Qanon
FISA MEMO 1/23/18 Pages 5-7 @realDonaldTrump +++ #FLYNNL1VE5 +++ MEMO RELEASED #Qanon
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On January 3, 2017, the government made a further submission describing its efforts to ascertain the scope and causes of those compliance problems and discussing potential solutions to them. See January 3, 2017, Supplemental Notice of Compliance Incidents Regarding the Querying of Section 702-Acquired Data ("January 3, 2017 Notice"). The Court was not satisfied that the government had sufficiently ascertained the scope of the compliance problems or developed and implemented adequate solutions for them and communicated a number of questions and concerns to the government. The government submitted another update on January 27,2017, in which it informed the Court that, due to the complexity of the issues involved, NSA would not be in a position to provide thorough respons.es to the Court's questions and concerns by January 31,2017. See January 27,2017, Letter In re: DNI/AG 702(g) Certifications and their Predecessor Certifications ("January 27, 2017 Letter"). The government submitted that a further extension, through May 26, 2017, was necessary for it to address those issues and that such extension would be consistent with national security. The Court granted a shorter extension, order approving the extension. See Docket Nos. Order entered on Jan. 27,2017 ("January 27, 2017 Order"). B. The 2017 Amendments On March 30, 2017, the Attorney General and Director ofNational Intelligence, acting pursuant to 50 U.S.C. § 1881a(i)(l)(C), executed Amendments to each ofthe ... Initial2016 Certifications. See Amendment to
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As discussed below, those amendments substantially change how NSA will conduct certain aspects of Section 702 collection, and largely resolve the compliance problems mentioned above. The March 30, 2017 Submission included the 2017 Amendments, a revised supporting affidavit by the Director of NSA, and revised targeting and minimization procedures for NSA, which replace Exhibits A and B, respectively, to each of the lnitial 2016 Certifications. That submission also included an explanatory memorandum prepared by DOJ ("March 30, 2017 Memorandum"). C. Subject Matter of the Certifications Each of the 2016 Certifications involves "the targeting of non-United States persons reasonably believed to be located outside the United States to acquire foreign intelligence
Addendum
4 Unless otherwise stated, subsequent references to the "2016 Certifications" are to the Initial 2016 Certifications and accompanying procedures, as later amended by the 2017 Amendments and the accompanying revised procedures.
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Each of the 2016 Certifications generally proposes to continue acquisitions of foreign intelligence information that are now being conducted under the corresponding certification made in 2015 ("the 2015 Certifications"). See September 26, 2016 Memorandum at 2. The 2015 Cetiifications, which are similarly differentiated by subject matter and were approved by the FISC on November 6, 2015. 5 The 2015 Certifications, in turn, generally renewed authorizations to acquire foreign intelligence information under a series of certifications made by the AG and DNI pursuant to Section 702 that dates back to 2008. 6 The government also seeks approval of amendments to the certifications in the Prior 702 Dockets, such that the NSA, CIA, FBI and NCTC henceforward will apply the same minimization
Addendum
5 See Docket Nos Memorandum Opinion and Order entered on Nov. 6, 2015 ("November 6, 2015 Opinion"). The Court issued an order on November 9, 2015, approving amendments to prior Section 702 certifications and authorizing the use of revised minimization procedures in connection with those certifications. These dockets, together with Docket Numbers are collectively referred to as "the Prior 702 Dockets."
PART 1 PAGES 2-4 HERE
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