In re Electronic Surveillance and Physical Search of Foreign Powers and Agents of Foreign Powers

On Oct. 2, 2008, the government filed a motion to amend previous Orders and Warrants of the FISC to incorporate amendments to the FBI standard ELSUR and Physical Search minimization procedures. The amendments authorized the national Counterterrorism Center to review certain categories of information obtained under FISA which had been entered by the FBI into its Automated Case Support database and to disseminate such information in accordance with NCTC SMPs (previously submitted to FISC). The Court determined that the amended provisions continued to meet FISA’s minimization requirements in 50 U.S.C. § 1801(h).