The compromise bill also addresses "Section 215 subpoenas," which are granted by
the Foreign Intelligence Surveillance Act court. Recipients of such subpoenas
originally were forbidden to tell anyone about the action. The proposed Senate
measure would allow them to challenge the "gag order" after one year, rather than
the 90-day wait in earlier legislation.
Sununu said the administration insisted on the longer waiting period. "You now
have a process to challenge the gag order," he said, defending the concession.
"That didn't exist before."
Sununu said he and his allies were disappointed that the compromise does not
require agents to "show a connection to a suspected terrorist or spy" before
obtaining a Section 215 subpoena. Instead, a FISA judge would have to agree that
there are reasonable grounds to believe the items being sought are relevant to an
investigation into terrorism.
http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2006/02/10/MNG73H6A4O1.DTL