This memorandum provides guidance and direction for Department of Justice attorneys and agents seeking protective orders pursuant to 1 8 U.S.C. 2705(b) of the Stored
Communications Act (SCA). This guidance applies prospectively to all applications seeking protective orders, including both new orders and renewals, filed on or after 30 days of the date this memorandum is issued.

...Each SS 2705(b) order should have an appropriate factual basis and each order should extend only as long as necessary to satisfy the government's interest. Prosecutors who are applying for 2705(b) orders must follow the steps outlined below:

1.     Prosecutors must conduct an individualized and meaningful assessment regarding the need for protection from disclosure prior to seeking an 2705(b) order and only seek an order when circumstances require.

...4. Barring exceptional circumstances, prosecutors filing SS 2705(b) applications may only seek to delay notice for one year or less.