PR/TT 2016 Certification of Question of Law to the Foreign Intelligence Surveillance Court of Review (FISC 2016)
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Approved for public release by the ODNI 20160818 Approved for public release by the ODNI 20160818 Approved for public release by the ODNI 20160818 Approved for public release by the ODNI 20160818 Approved for public release by the ODNI 20160818 Approved for public release by the ODNI 20160818 Approved for public release by the ODNI 20160818 Approved for public release by the ODNI 20160818 Approved for public release by the ODNI 20160818 Approved for public release by the ODNI 20160818 Approved for public release by the ODNI 20160818 Approved for public release by the ODNI 20160818 Approved for public release by the ODNI 20160818 Approved for public release by the ODNI 20160818 8~@M'ifi//8MS9PJ:'N81*~WJ Whether an order issued under 50 U.S.C. § 1842 may authorize the Government to obtain all post-cut-through digHs, subject to a prohibition on the affirmative investigative use of any contents thereby acquired, when there is no technology reasonably available to the Government that would permit: (1) a PR!fT device to acquire post-cut-through digits that are non-content DRAS information, while not acquiring post-cut-through digits that are contents of a communication; or (2) the Government, at the time it receives infonnation acquired by a PRITT device, to discard post-cut-through digits that are contents of a communication, while retaining those digits that are non-content DRAS information. Accordingly, it is HEREBY ORDERED that the above-stated question of law is certified for review to the FISCR pursuant to 50 U.S.C. § 1803G). -........- ENTERED this / 2 <l1yof February, 2016, in Docket Number PR/TT 2016. -~_/ /. (! ~·,/ ·--·-.:F t t-:-~:J'/.,t:~.. _ .../ _/ I' ....··/ / / I /" / ,·J --n:z /i'>t I -£~<-· THOMAS F. HOGAN Judge, United States Foreign : Intelligence Surveillance Court M:CM'fh'ORCO~HNOFORH 14 (_.
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