NSA Phone Tapping


In the midst
of Congress looking into the U.S. Government surveillance programs, the
intelligence agencies ironically declassified multiple documents to offer
insight into exactly what they were doing.


Based on the
fact that leaker Edward Snowden blew the whistle on the information, they felt
to be more transparent with the public, they would release the following
information.


U.S. Court Rulings


 Federal
Judge Ruling, 12/13/2013, that the NSA spying on domestic phone records is
“unconstitutional”
 [68 Pages, 2.94MB]


Department of Defense – Inspector General


Requirements
for the TRAILBLAZER and THINTHREAD Systems
 –  
[165
Pages, 13.6MB] – This is the official DOD/IG Investigation into the
TRAILBLAZER and THINTHREAD programs.


Federal Bureau of Investigation (FBI)


Surveillance
Warrants submited to FISA by the FBI in 2001
[5 Pages,
1.63MB] – FBI will not accept these requests due to the fact that each warrant
is in an individual file, and requires consent under the Privacy Acts.
 They are not centralized file in one location, or available as requested.


Electronic
Surveillance at the Department of Justice, 1966-1967
File
62-HQ-318 [735 Pages, 33.7 MB](Source: GovernmentAttic.org)


Ultrasonic
Listening Devices / Wiretapping, 1945 – 1989
File
80-HQ-760 [1,076 Pages, 61.87 MB] (Source:GovernmentAttic.org)


Federal Trade Commission (FTC)


Telecom
Complaints about NSA Cooperation
 
[30 Pages, 5.3MB] –


National Security Agency (NSA)


NSA
Contract with NARUS, allegedly the software firm that wrote the software for
tapping
 [17 Pages, 0.8 MB]


Order
for Business Records Collection Under the USA PATRIOT Act, Foreign Intelligence
Surveillance Court
[17 Pages, 5.64 MB]


Declassified
FISA court documents on intelligence collection, 2008-2009

[379 Pages, 25.28MB] – Director of National Intelligence James Clapper
declassified documents about intelligence collection under Section 501 of the
Foreign Intelligence Surveillance Act on Sept. 10, 2013.


2009
Report on the NSA Bulk Collection Program for USA PATRIOT Act Reauthorization

[7 Pages, 3.78 MB]


2011
Report on the NSA Bulk Collection Program for USA PATRIOT Act Reauthorizations
Report Collection
[9 Pages, 4.33 MB]


 FTC
Complaints Regarding NSA and Telecom Cooperation for Surveillance, 2013
 [30
Pages, 5.21 MB]


 Overview of Constitutional Challenges to NSA Collection Activities
and Recent Developments, April 1, 2014
 [20
Pages, 0.4MB] – Beginning in the summer of 2013, media reports of
foreign intelligence activities conducted by the National Security Agency (NSA)
have been widely published. The reports have focused on two main NSA collection
activities approved by the Foreign Intelligence Surveillance Court (FISC)
established under the Foreign Intelligence Surveillance Act (FISA) of 1978. The
first is the bulk collection of telephony metadata for domestic and
international telephone calls. The second involves the interception of
Internet-based communications and is targeted at foreigners who are not within
the United States, but may also inadvertently acquire the communications of
U.S. persons. As public awareness of these programs grew, questions about the
constitutionality of these programs were increasingly raised by Members of
Congress and others. This report provides a brief overview of these two
programs and the various constitutional challenges that have arisen in judicial
forums with respect to each.


Office of the Director of National Intelligence (ODNI)


Remarks
as delivered by James R. Clapper, Director of National Intelligence at an Open
Hearing on Foreign Intelligence Surveillance Authorities, 9/26/13

[4 Pages, 0.2 MB]


08/6/2014 Release


Following
a declassification review by the Executive Branch, the Department of Justice
released on August 6, 2014, in redacted form, 38 documents relating to the
now-discontinued NSA program to collect bulk electronic communications metadata
pursuant to Section 402 of the FISA (“PRTT provision”).  These documents
are also responsive to a Freedom of Information Act request by the Electronic
Privacy Information Center.


Under the
program NSA was permitted to collect certain electronic communications metadata
such as the “to,” “from,” and “cc” lines of an email and the email’s time and
date.  This collection was done only after the Foreign Intelligence
Surveillance Court approved the government’s applications, and pursuant to
court order generally lasting 90 days.  NSA was not permitted to collect
the content of any electronic communications.  Like NSA’s bulk telephony
metadata program under FISA section 501, this program was subject to several
restrictions approved by the FISC, such as:


  • The
    information could be used only for counterterrorism purposes.
  • The
    information had to be stored in secure databases.
  • The
    databases could be queried using an identifier such as an email address
    only when an analyst had a reasonable and articulable suspicion that the
    email address was associated with certain specified foreign terrorist
    organizations that were the subject of FBI counterterrorism
    investigations.  The basis for that suspicion had to be documented in
    writing and approved by a limited number of designated approving officials
    identified in the Court’s Order.  Moreover, if an identifier was
    reasonably believed to be used by a United States person, NSA’s Office of
    General Counsel would also review the determination to ensure that the
    suspected association was not based solely on First Amendment-protected
    activities.
  • NSA
    was required to destroy the bulk metadata after a set period of time.


The
information released on August 6, 2014, together with documents previously
released, demonstrates the extent to which the IC sought and received FISC
approval to collect electronic communications metadata under the PRTT
provision, the oversight regime of internal checks over the program, and that
Congress was kept fully apprised of the status of NSA’s electronic metadata
collection.  The documents released include several associated with
government applications and FISC orders authorizing the collection of metadata
under the PRTT program.  Other documents included in this release include
the report of an end-to-end review of the PRTT program undertaken by the
Executive Branch, DOJ’s letter to the FISC seeking clarification on the FISC’s
authorization to collect metadata, and correspondence from the NSA Inspector
General.


After the
2009 discovery of certain compliance issues associated with NSA’s electronic
communications and telephony bulk metadata collection programs, the Government
took measures to strengthen compliance and oversight.


As
previously stated, this Internet communications metadata bulk collection
program has been discontinued.  The Intelligence Community regularly
assesses the continuing operational value of all of its collection
programs.  In 2011, the Director of NSA called for an examination of this
program to assess its continuing value as a unique source of foreign
intelligence information.  This examination revealed that the program was
no longer meeting NSA’s operational expectations.  Accordingly, after
careful deliberation, the Government discontinued the program, and the metadata
collected pursuant to this program has been purged.


In addition,
the DOJ also released four documents that do not directly relate to bulk
collection under the PRTT provision but are responsive to EPIC’s FOIA
request.  Like the documents relating to the bulk collection, these
documents demonstrate the FISC’s judicial oversight of PRTT collection under
the FISA.


Office of
the Director of National Intelligence Public Affairs Office


Judicial Oversight


 FISC Opinion and
Order




 FISC
Primary Order




 FISC
Primary Order




 FISC
Order and Supplemental Order




 FISC
Supplemental Order




 FISC
Primary Order




 FISC
Memorandum Opinion Granting in Part and Denying in Part Application to
Reinitiate, in Expanded Form, Pen Register/Trap and Trace Authorization




 Declaration
of NSA Chief, Special FISA Oversight and Processing, Oversight and Compliance,
Signals Intelligence Directorate, the National Security Agency




 Government’s
Response to the FISC’s Supplemental Order




 Declaration
of NSA Chief, Special FISA Oversight and Processing, Oversight and Compliance,
Signals Intelligence Directorate, the National Security Agency




 Supplemental
Declaration of Chief, Special FISA Oversight and Processing, Oversight and
Compliance, Signals Intelligence Directorate, the National Security Agency




 Government’s
Response to the FISC’s Supplemental Order Requesting a Corrective Declaration




 Government’s
Response to a FISC Order 




 Declaration
of Lieutenant General Keith B. Alexander, U.S. Army, Director, NSA, Concerning
NSA’s Compliance with a FISC Order




 Preliminary
Notice of Potential Compliance Incident




 Notice of Filing



 Government’s
Application for Use of Pen Register/Trap and Trace Devices for Foreign
Intelligence Purposes




 Memorandum of
Law and Fact in Support of Application for Pen Registers and Trap and Trace
Devices for Foreign Intelligence Purposes




 Declaration
of General Keith B. Alexander, U.S. Army, Director, NSA, in Support of Pen
Register/Trap and Trace Application




 Exhibit
D in Support of Pen Register/Trap and Trace Application




 First
Letter in Response to FISC Questions Concerning NSA bulk Metadata Collection
Using Pen Register/Trap and Trace Devices




 Second
Letter in Response to FISC Questions concerning NSA bulk Metadata Collection
Using Pen Register/Trap and Trace Devices




 Third
Letter in Response to FISC Questions Concerning NSA Bulk Metadata Collection
Using Pen Register/Trap and Trace Devices


 Application for
Pen Register/Trap and Trace Devices for Foreign Intelligence Purposes




 Memorandum
of Law and Fact in Support of Application for Pen Registers and Trap and Trace
Devices for Foreign Intelligence Purposes




 Declaration
of General Michael V. Hayden, U.S Air Force, Director, NSA, in Support of Pen
Register/Trap and Trace Application




 Application
for Use of Pen Register/Trap and Trace Devices for Foreign Intelligence
Purposes




 Declaration
of NSA Chief, Special FISA Oversight and Processing, Oversight and Compliance,
Signals Intelligence Directorate




 Declaration
Lieutenant General Keith B. Alexander, U.S. Army, Director, NSA, Concerning
NSA’s Implementation of Authority to Collect Certain Metadata




 NSA’s
Pen Register Trap and Trace FISA Review Report




 DOJ
Report to the FISC NSA’s Program to Collect Metadata




 Government’s
First Letter to Judge Bates to Confirm Understanding of Issues Relating to the
FISC’s Authorization to Collect Metadata




 Government’s
Second Letter to Judge Bates to Confirm Understanding of Issues Relating to the
FISC’s Authorization to Collect Metadata 




 Tab
1 Declaration of NSA Chief, Special Oversight and Processing, Oversight and
Compliance, Signals Intelligence




 Verified
Memorandum of Law in Response to FISC Supplemental Order


 Memorandum
of Law in Response to FISC Order


Congressional Oversight


 Government’s
Motion to Unseal FISC Documents in Order to Brief Congressional Intelligence
and Judiciary Committees


 Order Granting
the Government’s Motion to Unseal FISC Documents in Order to Brief Congressional
Intelligence and Judiciary Committees


 April 27, 2005
Testimony of the Attorney General and Director, FBI Before the Senate Select
Committee on Intelligence 


Internal
Oversight


 NSA IG Memo
Announcing its Audit of NSA’s Controls to Comply with the FISA Court’s Order
Regarding Pen Register/Trap and Trace Devices



 NSA IG Memo
Suspending its Audit of NSA after the NSA’s PRTT Metadata Program Expired

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