Opinion and Order, [REDACTED]

Denying in part and granting in part the government’s Motion for Reconsideration; [procedural history almost entirely redacted]; holding that the practices at issue are not moot thus presenting the court with a live issue; citing to classified In Re Electronic and Data Communications Surveillance Definitions, Memorandum of Law and Fact Regarding Electronic and Data Communications Surveillance under the Foreign Intelligence Surveillance Act (Nov. 5, 2003); evaluating Fourth Amendment implications; holding that the FBI marking procedures violated the statutory minimization requirements.

Redacted opinion and order. Motion was denied in part and granted in part. Court that the case is not moot and the court has jurisdiction over it; finding that the government’s proposed modification to the Standard Procedures to authorize the marking practice would not satisfy the definition of minimization procedures at 50 U.S.C. Section 1801(b).