Order and Memorandum Opinion, In re [REDACTED]

Responding to an application to establish an early warning system to alert the government to the presence of FPs/AFPs in the United States, noting that the new procedures “would enable the Government to direct electronic surveillance with a much higher degree of speed and agility than would be possible through the filing of individual FISA applications,” establishing probable cause that the targets are FPs/AFPs and using/about to use the facilities, clarifying at what point the NSA is deemed to have obtained knowledge of a facility for the purposes of the May 31, 2007 order.

Limited order granted to obtain knowledge of the nature and location of a facility is there is probable cause to believe the facility is being used by a targeted foreign power, but restricting the scope of authority the government initially sought.