Finally, the proposed amendment includes a change to Rule 41(f)(1)(C), which requires
notice that a search has been conducted. New language would be added at the end of that provision
indicating the process for providing notice of a remote access search. The rule now requires that
notice of a physical search be provided “to the person from whom, or from whose premises, the
property was taken” or left “at the place where the officer took the property.” The Committee
recognized that when a electronic search is conducted remotely, it is not feasible to provide notice
in precisely the same manner as when tangible property has been removed from physical premises.
The proposal requires that when the search is by remote access, reasonable efforts be made to
provide notice to the person whose information was seized or whose property was searched.