Executive branch oversight is provided internally at the NSA and by both the Department of Defense and the Office of the DNI by agency inspectors general, general counsels, compliance officers and privacy officers (including my office and the NSAâs new Civil Liberties and Privacy Office). EO 12333 plays an important role in America’s intelligence oversight framework, so that, in the words of the order, agencies execute their missions “in … Definitions Except where defined below, all terms are as defined in the OHS Lexicon. E. DHS Delegation 08503, “Delegation to the Under Secretary for The document released today [Procedures for the Availability or Dissemination of Raw Signals Intelligence Information by the National Security Agency under Section 2.3 of Executive Order 12333 (Raw SIGINT Availability Procedures)] comprises 10 sections outlining the procedures IC elements must follow when it comes to requesting, protecting, processing, retaining, disseminating, oversight, and … Using those processes, he has been able to review his concerns with intelligence oversight bodies as well as with the public, all while continuing to protect classified information. This major revision, dated 22 November 2005-- ... Executive Order 12333, as amended by Executive Orders 13284 and 13355; pol-icy between the Department of Justice and Responsibilities. This executive order was titled United States Intelligence Activities. A9. 1-86-NARA-NARA or 1-866-272-6272. EO 12333 in the News “President Bush has approved a long- awaited revision of the executive order that governs the nation's 16 spy agencies, the latest effort to wrestle the competing bureaucracies into a single effort under the director of national intelligence.” At the outset, remember that FISA, with very limited exceptions, requires the government to seek an individualized court order before it can intentionally target a United States person anywhere in the world to collect the content of his or her communications. Indeed, the NSAâs extensive internal compliance system enforces key protections regardless of nationality, as shown by the letter recently issued by the NSA inspector general. 12333 July 14, 2016 Executive Order 12333, United States Intelligence Activities, establishes the Executive ranch framework for the country’s national intelligence efforts, and for protecting privacy and civil liberties in the conduct of intelligence activities. The FISA court must be satisfied, based on a probable cause standard, that the United States person target is an agent of a foreign power, or, as appropriate, an officer or employee of a foreign power. The Department of Justice also provides oversight, as do the Privacy and Civil Liberties Oversight Board and the presidentâs Intelligence Oversight Board. Yes. In fact, the president recently issued Presidential Policy Directive 28 (PPD-28), which covers EO 12333 signals intelligence (SIGINT) collection. In addition, Congress has the power to oversee, authorize and fund these activities. EO 12333 is the current Intelligence Oversight executive order. In a Washington Post op-ed on July 18, Tye pointed out that such intelligence collection may be regulated not by the Foreign Intelligence Surveillance Act (FISA), but by Executive Order 12333. Tye, who was the section chief for Internet freedom in the State Departmentâs Bureau of Democracy, Human Rights, and Labor before stepping down in April, questioned whether the rules governing certain overseas intelligence surveillance activities adequately protect information that intelligence agencies âincidentally collectâ about Americans while targeting the communications of foreign nationals overseas. The 12333 (twelve-triple-three) order, which was signed by President Ronald Reagan in 1981, outlines the structure of the U.S. intelligence community and presents a slew of avenues by which those agencies can collect data from both Americans and foreign targets. Background: E.O. As the Privacy and Civil Liberties Oversight Board noted in its examination of Section 702 of FISA, â[t]he collection of communications to and from a target inevitably returns communications in which non-targets are on the other end, some of whom will be U.S. persons.â Indeed, when Congress first enacted FISA in 1978, it required the government to follow what are called âminimization procedures.â These procedures, which must be approved by the FISA court, restrict what the government can do with collected information about U.S. persons (such as for how long that information may be retained, and under what circumstances it may be shared). By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. or Presidential Directive including E.O. In addition, NSA personnel may not use U.S. person âselection termsâ (such as names, phone numbers or email addresses) to retrieve communications from its collection under EO 12333 without a finding by the attorney general that the U.S. person is an agent of a foreign power (or in other similarly narrow circumstances). Policy. The Department of Defense implemented and amplified that executive order in DoDM 5240.01, Procedures Governing the Conduct of DoD Intelligence Activities. (b) "intelligence activities" has the meaning specified in section 3.4 of Executive Order 12333 of December 4, 1981, as amended; and (c) "intelligence community" means the organizations listed in or designated pursuant to section 3(4) of the National Security Act of 1947, as amended. rity. intelligence and counterintelligence by intelligence components. EO 12036, signed by President Carter in 1978, and the current Executive Order, EO 12333, signed by President Reagan in 1981, continued the requirement for oversight to maintain the proper balance between the acquisition of essential information by the Intelligence Community, and the protection of individuals' constitutional and statutory rights. 3821.14 establishes policies and procedures for the oversight of Coast Guard intelligence activities and implements procedures for the conduct of intelligence oversight as required by Executive Order 12333 and Executive Order 13286. o Clarifies requirements for recurring intelligence oversight reporting (paras 15-6d, 15-6d(1), and 15-6d(2)). Oversight is extensive and multi-layered. According to … Executive Order 12333 Executive Order 12333 is the foundational authority by which NSA collects, retains, analyzes, and disseminates foreign signals intelligence information. This is to be expected, in light of our legal framework and the need to ensure that foreign intelligence agencies protect national security without interfering with our democratic processes and our values. EO 12333 plays an important role in Americaâs intelligence oversight framework, so that, in the words of the order, agencies execute their missions âin a vigorous, innovative, and responsible manner that is consistent with the Constitution and applicable law and respectful of the principles upon which the United States was founded.â. USA.gov, The U.S. National Archives and Records Administration 12333 (reference 1.b. Executive Order 13516 amends Executive Order 13462, reasserting the meaning of 'intelligence activities' to that of Executive Order 12333 of 1981. Tye stated that none of President Obamaâs recent reforms affect 12333 collection. Executive Order 12333? Intelligence Oversight, as authorized in Executive Order 12333, is implemented through DoD Directive 5148.13 entitled “Intelligence Oversight”. As the civil liberties protection officer for the director of national intelligence (DNI), I work with intelligence agencies on these procedures, and would like to describe how they safeguard privacy and civil liberties. Any conduct that constitutes, or is related to, an intelligence activity that may violate the law, any Executive Order (E.O.) a. Alexander W. Joel, a former civil liberties protection officer for the Office of the Director of National Intelligence, reported directly to former Director of National Intelligence James R. Clapper. Intelligence Oversight Program and Guidelines," January 19, 2017 IV. D. Executive Order 13462, “President’s Intelligence Advisory Board and Intelligence Oversight Board,” as amended November 2, 2009. DoD Manual 5240.01 entitled That letter reported on the small number of cases over the past decade in which government employees had intentionally violated prohibitions on searching signals intelligence information; in several cases, employees were held accountable for improperly searching for information about foreign nationals. And even if the NSA determines that information about an American constitutes foreign intelligence, it routinely uses a generic label like âU.S. activities governed by Executive Order (EO) 12333.1 EO 12333 is the primary authority under which the NSA gathers foreign intelligence.2 It provides broad latitude for the government to conduct surveillance on U.S. and non-U.S. persons—without judicial review … Executive Order (EO) 12333, signed on December 4, 1981 by U.S. President Ronald Reagan, was an Executive Order intended to extend powers and responsibilities of U.S. intelligence agencies and direct the leaders of U.S. federal agencies to co-operate fully with CIA requests for information. PERSON PROCEDURES UNDER E.O. 6. This Executive Order has been amended over the years but remains the Primary Document in Intelligence Oversight Executive Order 12333 When and Who Issued Executive Order 13284, which amended EO 12333 President George W. Bush on 23 January 2003 For those unfamiliar with it, EO 12333 is the day-to-day regulatory guidance governing all U.S. Intelligence Community (IC) activities. But intelligence agencies pursue their missions in a manner that provides important safeguards for all personal information.
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