Memorandum Opinion and Order, In re DNI/AG 702(h) Certification 2023-A, 2023-B, 2023-C and Its Predecessor Certifications, Nos. 702(j)-23-01 and Predecessor Dockets, 702(j)-23-02 and Predecessor Dockets, 702(j)-23-03 and Predecessor Dockets, GID.C.00300 (FISA Ct. Apr. 11, 2023)

Approving amended certification (2023-A, 2023-B, 2023-C) and related procedures [targeting (FBI/NSA), querying (NSA/FBI/CIA/NCTC), minimization (NSA/FBI/CIA/NCTC) for Mar. 13, 2023 Submission. [Note that minimization and querying procedures for FBI, CIA, and NCTC in 2023 Certifications were not amended and thus the same as previously; amendments only apply to NSA minimization and querying procedures.] Measures generally extent 2021 Certifications, approved by the Court Apr. 21, 2022. Amended procedures revise NSA definition of “query” and apply authorities to vetting non-USPs seeking to enter the U.S. or receive a benefit under U.S. immigration law. In 2021 Certifications, Court appointed Amy Jeffress as amicus curiae to consider 4th Amendment implications of NSA query of database involving travelers within United States.