8. Based on my training and experience, and discussions with the United States
Attorney's Omce, I have learned that the Privacy Protection Act (the codified at 42
U.S.C. 2000aa _e1_sgq., defines when a search warrant impacting media-related work product
and documentary materials may be executed. Section 2000aa(a) of the PPA states, in pertinent
part:
Work product materials
Notwithstanding any other law, it shall be unlawful for a government officer or
employee, in connection with the investigation or prosecution of a criminal offense, to
search for or seize any work product materials'? possessed by a person reasonably
* * * *
Case Document 20-1 Filed 11/07/11 Page 5 of 36
believed to have a purpose to disseminate to the public a newspaper, book, broadcast, or
other similar form of public communication, in or affecting interstate or foreign
commerce; but this provision shall not impair or afl'ect the ability of any government
officer or employee, pursuant to otherwise applicable law, to search for or seize such
materials,
(1) there is probable cause to believe that the person" possessing such materials
has committed or is committing the criminal ofiense to which the
materials relate: Provided, however, That a government officer or
employee may not search for or seize such materials under the provisions
of this paragraph if the offense to which the materials relate consists of
the receipt, possession, communication, or withholding of such materials
or the infonnation contained therein (but such a search or seizure may be
conducted under the provisions of this paragraph if the ofiense consists
of the receipt, possession, or communication of information relating to
the national defense, classified information, or restricted data under the
provisions of section 793, 794, 797, or 798 of title 18, or [other
enumerated statutes])
Other documents
Notwithstanding any other law, it shall be unlawful for a government oflicer or
employee, in connection with the investigation or prosecution of a criminal offense, to
search for or seize documentary materials, other than work product materials,' possessed
(1) in anticipation of communicating such materials to the public, are prepared, produced,
authored, or created, whether by the person in possession of the materials or by any other
person;
(2) are possessed for the purposes of communicating such materials to the public; and
(3) include mental impressions, conclusions, opinions, or theories of the person who prepared,
produced, authored or created such material.
42 U.S.C.
Section 2000aa-7(a) defines the terms "documentary materials" as follows:
"Documentary materials" as used in this chapter, means materials upon which information is
recorded, and includes, but is not limited to, written or printed materials, photographs, motion
picture films, negatives, video tapes, audio tapes, and other mechanically, magnetically or
electronically recorded cards, tapes, or discs, but does not include contraband or fiuits of a
crime or things otherwise criminally possessed, or property designed or intended for use, or
5
Case Document 20-1 Filed 11/07/11 Page 6 of 36
by a person in connection with a purpose to disseminate to the public a newspaper, book,
broadcast, or other similar form of public communication, in or afiecting interstate or
foreign commerce; but this provision shall not impair or affect the ability of any
government oficer or employee, pursuant to otherwise applicable law, to search for or
seize such materials,
(1) there is probable cause to believe that the person possessing such materials
has committed or is committing the criminal offense to which the
materials relate: Provided, however, That a government officer or
employee may not search for or seize such materials under the provisions
of this paragraph if the offense to which the materials relate consists of the
receipt, possession, communication, or withholding of such materials or
the information contained therein (but such a search or seizure may be
conducted under the provisions of this paragraph if the offense consists of
the receipt, possession, or communication of information relating to the
national defense, classified information, or restricted data under the
provisions of section 793, 794, 797, or 798 of title 18, or [other
enumerated statutes])
42 U.S.C. 2000aa(a) (emphasis added). Thus, section 2000aa(a) specifically exempts from its
prohibitions cases in which there is probable cause to believe that the possessor of media related
work product or documentary materials has committed a violation of section 793. * * * *