12 2 STA T . 2 45 5 PUBLIC LA W 11 0– 2 6 1 —J UL Y 10 , 200 8havingjur i sd i ct i o n und e rsu b section ( a ) ( 1 ) m a y consider p ast activities o f the target and facts and circumstances re l ating to current or future activities of the target .N o U nited S tates person may be considered a foreign po w er , agent of a foreign power, or officer or employee of a foreign power solely upon the basis of activities protected by the first amendment to the C onstitution of the United States. ‘ ‘( 3 ) REVI E W . — ‘‘( A ) L I M I TA TI ONS ON R EVIEW.—Review by a judge having jurisdiction under subsection (a)(1) shall be limited to that re q uired to ma k e the findings described in para - graph (1). T he judge shall not have jurisdiction to review the means by which an acquisition under this section may be conducted. ‘‘( B ) REVIEW O FP RO B AB L E C A U SE.— I f the judge deter- mines that the facts submitted under subsection (b) are insufficient to establish probable cause to issue an order under this subsection, the judge shall enter an order so stating and provide a written statement for the record of the reasons for such determination. The G overnment may appeal an order under this subparagraph pursuant to subsection (e). ‘‘(C) REVIEW OF MINIMI Z ATION PROCE D URES.—If the judge determines that the minimi z ation procedures applicable to dissemination of information obtained through an acquisition under this subsection do not meet the defini- tion of minimization procedures under section 1 0 1(h) or 301( 4 ), as appropriate, the judge shall enter an order so stating and provide a written statement for the record of the reasons for such determination. The Government may appeal an order under this subparagraph pursuant to subsection (e). ‘‘( D ) SCOPE OF REVIEW OF CERTIFICATION.—If the judge determines that an application under subsection (b) does not contain all the required elements, or that the certifi- cation provided under subsection (b)( 5 ) is clearly erroneous on the basis of the information furnished under subsection (b), the judge shall enter an order so stating and provide a written statement for the record of the reasons for such determination. The Government may appeal an order under this subparagraph pursuant to subsection (e). ‘‘(4) DURATION.—An order under this paragraph shall be effective for a period not to e x ceed 9 0 days and such order may be renewed for additional 90-day periods upon submission of renewal applications meeting the requirements of subsection (b). ‘‘(5) COMPLIANCE.—At or prior to the end of the period of time for which an order or extension is granted under this section, the judge may assess compliance with the minimization procedures referred to in paragraph (1)(C) by reviewing the circumstances under which information concerning United States persons was disseminated, provided that the judge may not inquire into the circumstances relating to the conduct of the acquisition. ‘‘(d) E MER G ENC Y AUT H ORIZATION.— Records.
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