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Memorandum Opinion and Order, [REDACTED], No. [REDACTED], GID.C.00282 (FISA Ct. Dec. 6, 2019) (Boasberg, J.)
Holding that 2019 certifications, targeting, minimization, and querying procedures comply with statutory requirements and are consistent with the Fourth Amendment. Id. at 78-79. The Court approved the increase of retention periods for upstream collection from two to five years. Id. at 46-49. The Court noted that on some prior occasions, the NSA violated its current targeting procedures in order to avoid loss of foreign-intelligence information, but “identified [REDACTED] resulting from such unauthorized acquistion and expected to have completely purged them by January 2020.” Id. at 12-13. Other major noncompliance issues include: 1) Widespread violations of the querying standards by the FBI, id. at 65-67 (including queries of unminimized Section 702 information to vet sources and candidates, queries of college students participating in a “Collegiate Academy,” queries of individuals that have visited an FBI office, and querying identifiers of nearly 16,000 persons, of which NSD assessed that only seven persons satisfied the querying standard); and 2) the FBI’s violations of failing to ever apply for an order under § 702(f)(2), which is required before accessing the contents of unminimized § 702 contents retrieved by a query involving a U.S.-person query term, where the query is not related to national security nor designed to find and extract foreign intelligence. See id. at 69-71.