UNITED STATES V. MOHAMUD
47
persons. Targeting and minimization procedures govern,
respectively, who may be targeted for surveillance and how
intercepted communications are to be retained and
disseminated.
In brief, targeting procedures must be “reasonably
designed” to “ensure that any acquisition authorized under
[the certification] is limited to targeting persons reasonably
believed to be located outside the United States” and to
“prevent the intentional acquisition of any communication as
to which the sender and all intended recipients are known at
the time of the acquisition to be located in the United States.”
50 U.S.C. § 1881a(d)(1). Among other requirements,
minimization procedures must be “reasonably designed” “to
minimize the acquisition and retention, and prohibit the
dissemination, of nonpublicly available information
concerning unconsenting United States persons consistent
with the need of the United States to obtain, produce, and
disseminate foreign intelligence information.” 50 U.S.C.
§§ 1801(h)(1), 1881a(e)(1).
After evaluating the protections detailed in § 702 and the
classified minimization procedures, the district court
concluded that as applied to Mohamud, § 702 is reasonable
under the Fourth Amendment. Based on our review of the
classified record, we agree that the applicable targeting and
minimization procedures, which were followed in practice,
sufficiently protected Mohamud’s privacy interest.
The government also contends that certain oversight
procedures provide an important check on Executive Branch
actions. For example, § 702 requires the Attorney General
(“AG”) and Director of National Intelligence (“DNI”) to
certify, among other things, that (1) a significant purpose of
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