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Civil Liberties and Privacy Office - NCTC Guidelines

Thursday, August 15, 2013

Civil Liberties and Privacy Office

NCTC Guidelines

National Counterterrorism Center Guidelines

Guidelines for Access, Rention, Use, and Dissemination by the NCTC and Other Agencies of Information in Datasets Containing Non-Terrorism Information.


Civil Liberties and Privacy Protections Incorporated Into Updated NCTC Guidelines

An information paper describing the civil liberties and privacy protections in the NCTC Guidelines for Access, Rention, Use, and Dissemination by the NCTC and Other Agencies of Information in Datasets Containing Non-Terrorism Information. This paper furthers one of the main goals under CLPO’s Civil Liberties & Privacy Enterprise Strategy – to provide transparency to mission partners, oversight bodies, Congress, and the American public.


Overview of NCTC’s Data Access as Authorized by the 2012 Attorney General Guidelines

A White Paper detailing the categories of data that NCTC replicates under its Attorney General Guidelines, as well as how this data is used by NCTC to fulfill its counterterrorism mission.

 

NCTC’s Annual Report on the Access, Retention, Use and Dissemination of United States Person Information For the Period March 23, 2012 through March 31, 2013

NCTC’s first annual report to the ODNI General Counsel and Civil Liberties Protection Officer, as well as the IC Inspector General, on NCTC’s access, retention, use and dissemination of non-terrorism datasets, as required under NCTC’s revised 2012 Attorney General Guidelines.

 

Memorandum of Agreement Between the Department of Homeland Security and the National Counterterrorism Center Regarding Advance Passenger Information System Data

The MOA which allows NCTC to gain bulk access to DHS APIS Data, for up to 1 year, which incorporates detailed restrictions on who can access the data and for what purpose, pre-requisite training, processes for ensuring data is up to date, error correction and feedback, independent auditing by DHS, and many other privacy and civil liberties protective provisions.


Civil Liberties and Privacy Office - About

Thursday, August 15, 2013

Civil Liberties and Privacy Office

About the Civil Liberties and Privacy Office

CLPO's Statutory Duties

Civil Liberties and Privacy Intelligence Community Enterprise Strategy 2012-2017

Provides the Civil Liberties and Privacy Office’s (CLPO) strategic roadmap for enhancing the IC’s framework for protecting civil liberties and privacy, highlighting four high-level goals relating to civil liberties and privacy to obtain the trust of the American people. The goals focus on protecting civil liberties and privacy through policy implementation, ensuring compliance with the Constitution and laws, handling complaints of possible abuses of civil liberties, and providing transparency.


Intelligence Community Directive 107: Civil Liberties and Privacy

This Directive established Intelligence Community (IC) policy for the protection of civil liberties and privacy relating to activities conducted by IC elements and discusses the responsibilities of the Civil Liberties Protection Officer in supporting this Directive.


The Civil Liberties Protection Officer

Alexander W. Joel is the Civil Liberties Protection Officer for the Office of the Director of National Intelligence. In that capacity, he leads the ODNI's Civil Liberties and Privacy Office, and reports directly to the Director of National Intelligence.


CLPO Articles and Speeches

The Job of Protecting Security and Privacy - August 13, 2013

Civil Liberties Protection Officer Alex Joel discusses his role as the IC's Civil Liberties Protection Officer.


Choosing Both: Making Technology Choices at the Intersections of Privacy and Security – June 2010

An article by Alex Joel in the Texas Law Review, discussing the conundrum faced by intelligence officers and policy makers standing at the intersection of security and privacy: how to make prudent technology choices? Moving in one direction seems imperative for accomplishing important national security missions, yet raises red flags about potential impacts on privacy and civil liberties. Moving in another direction seems necessary to protect civil liberties, yet raises alarms about potentially dangerous security gaps. Through it all, intelligence agencies must remember that the question they face is not whether to provide such protections—agencies are obligated, by law and duty, to provide them. Rather, the question is how to protect civil liberties and privacy while accomplishing the intelligence mission.


Open Source Intelligence Roundtable - June 17, 2010

Assistant Deputy Director for Open Source, Dan Butler, and Civil Liberties Protection Officer, Alex Joel, Deliver Remarks at The National Press Club in Washington, DC.


A Matter of Balance - Spring 2007

An essay by Civil Liberties Protection Officer, Alex Joel based on remarks he delivered at the University of Michigan Law School in February 2007, during which he was a member of the panel discussing “Intelligence Gathering and Human Rights.”  In his essay, Mr. Joel discussed the case of Klass and Others v. Germany, before the European Court of Human Rights, decided in 1978, that examined whether Germany’s secret surveillance program was consistent with Article 8 of the European Code of Human Rights (i.e. the privacy right).


Civil Liberties Protection Officer Remarks on Information Sharing - September 11, 2006

A speech given by Civil Liberties Protection Officer, Alex Joel in Detroit, Michigan.

Civil Liberties and Privacy Office - FISA Resources

Wednesday, August 14, 2013

Civil Liberties and Privacy Office

FISA Resources

The Foreign Intelligence Surveillance Act of 1978 (FISA) contains several provisions that govern how foreign intelligence information can be obtained, including provisions for obtaining information on certain persons outside the United States under Section 702 of FISA (added to FISA by the FISA Amendments Act of 2008), and provisions for obtaining business records under Section 501 of FISA (as amended by Section 215 of the PATRIOT Act). Below are select resources designed to provide greater transparency regarding FISA authorities.

The full text of the Foreign Intelligence Surveillance Act may be found within the IC Legal Reference Book.

 


Media Releases

Department of Justice Releases Documents on Pen Registers and Trap and Trace Applications to the FISC - Tuesday, March 4, 2014

On Friday, the Attorney General through the Department of Justice, declassified and released 24 documents that were responsive to a portion of a Freedom of Information Act request by the Electronic Privacy Information Center.


Joint Statement by Director of National Intelligence James Clapper and Attorney General Eric Holder on the Declassification of Additional Documents Regarding Collection Under Section 501 of the Foreign Intelligence Surveillance Act - Wednesday, February 12, 2014

The Director of National Intelligence declassified and disclosed publicly that the U.S. government had filed an application with the Foreign Intelligence Surveillance Court seeking renewal of the authority to collect telephony metadata in bulk, and that, on Jan. 3, 2014, the court renewed that authority.


FISC Approves Government’s Request to Modify Telephony Metadata Program - Thursday, February 6, 2014

During his speech on Jan. 17, 2014, President Obama ordered a transition that will end the Section 215 bulk telephony metadata program as it currently exists, and establish a mechanism that preserves the capabilities we need without the government holding this bulk data.


DNI Clapper Declassifies Additional Documents Regarding Collection Under Section 501 of the Foreign Intelligence Surveillance Act - Friday, January 17, 2014

DNI Clapper authorizes declassification and public release of additional documents relating to collection under Section 501 of the Foreign Intelligence Surveillance Act.


Readout of the IC Leadership’s Meeting with the President’s Review Group on Intelligence and Communications Technologies - Tuesday, January 7, 2014

The Director of National Intelligence, James Clapper, and other Intelligence Community leaders met today with three members of the President’s Review Group on Intelligence and Communications Technologies.


Foreign Intelligence Surveillance Court Approves Government’s Application to Renew Telephony Metadata Program - Friday, January 3, 2014 -

DNI Clapper has decided to declassify and disclose publicly that the government filed an application with the Foreign Intelligence Surveillance Court seeking renewal of the authority to collect telephony metadata in bulk, and that the court renewed that authority on January 3, 2014.


DNI Clapper Declassifies Additional Intelligence Community Documents Regarding Collection Under Section 501 of the Foreign Intelligence Surveillance Act - November 18, 2013

"Today I authorized the declassification and public release of additional documents relating to collection under Section 501, bringing the total to nearly 2000 pages of documents released to the public so far, including 20 orders and opinions of the Foreign Surveillance Court, 11 pleadings and other documents submitted to the Court, 24 documents provided to Congress, and 20 reports, training slides, and other internal documents describing the legal basis for the programs and how they operate."



DNI Clapper Declassifies Additional Intelligence Community Documents Regarding Collection Under Section 501 of the Foreign Intelligence Surveillance Act
- October 28, 2013

"Today I am authorizing the declassification and public release of a number of additional documents relating to collection under Section 215."

Foreign Intelligence Surveillance Court Approves Government’s Application to Renew Telephony Metadata Program - October 11, 2013

"As indicated by a declassified court order and amended memorandum opinion published by the Foreign Intelligence Surveillance Court Sept. 17, 2013, the court authorization requiring the production of certain telephony metadata under the “business records” provision of the Foreign Intelligence Surveillance Act, 50 U.S.C. Section 1861, expires Oct. 11, 2013."


DNI Clapper Declassifies Intelligence Community Documents Regarding Collection Under Section 501 of the Foreign Intelligence Surveillance Act (FISA)
- Tuesday, September 10, 2013

Director Clapper declassified and released a number of documents pertaining to the Government’s collection of bulk telephony metadata under Section 501 of the FISA, as amended by Section 215 of the USA PATRIOT Act.
  These documents were provided to Congress at the time of the events in question and include orders and opinions from the Foreign Intelligence Surveillance Court (FISC), filings with that court, an Inspector General Report, and internal NSA documents.  They describe certain compliance incidents that were discovered by NSA, reported to the FISC and the Congress, and resolved four years ago.  They span 2006-2009. 

DNI Clapper Directs Annual Release of Information Related to Orders Issued Under National Security Authorities - Friday, August 30, 2013

In June, President Obama directed the Intelligence Community (IC) to declassify and make public as much information as possible about certain sensitive U.S. Government surveillance programs while being mindful of the need to protect sensitive classified intelligence and national security.  Consistent with this directive and in the interest of increased transparency, the DNI has determined, with the concurrence of the IC, that going forward the IC will publicly release, on an annual basis, aggregate information concerning compulsory legal process under certain national security authorities.

Joint Statement: NSA and Office of the Director of National Intelligence - August 22, 2013

Press reports based on an article published in today’s Wall Street Journal mischaracterize aspects of NSA’s data collection activities conducted under Section 702 of the Foreign Intelligence Surveillance Act. The NSA does not sift through and have unfettered access to 75% of the United States’ online communications.

DNI Declassifies Intelligence Community Documents Regarding Collection Under Section 702 of the Foreign Intelligence Surveillance Act (FISA) - August 21, 2013

In June, President Obama requested that Director of National Intelligence James R. Clapper declassify and make public as much information as possible about certain sensitive NSA programs while being mindful of the need to protect sensitive classified intelligence and national security.  Consistent with this directive and in the interest of increased transparency, DNI Clapper has today authorized the declassification and public release of a number of documents pertaining to the Intelligence Community’s collection under Section 702 of the Foreign Intelligence Surveillance Act (FISA).  DNI Clapper has determined that the release of these documents is in the public interest.



The job of protecting security and privacy - ODNI's Alex Joel discusses his role as the Intelligence Community's Civil Liberties Protection Officer - August 14, 2013

Many Americans probably don't know that there is a senior official whose job by law is to help ensure that civil liberties and privacy protections are built into intelligence programs. I am that official - the "Civil Liberties Protection Officer." I engage with the director of national intelligence and other intelligence officials to oversee and guide intelligence activities


DNI Clapper Announces Review Group on Intelligence and Communications Technologies Monday - August 12, 2013

At the direction of the President, I am establishing the Director of National Intelligence Review Group on Intelligence and Communications Technologies to examine our global signals-intelligence collection and surveillance capability.


DNI Clapper Declassifies and Releases Telephone Metadata Collection Documents - July 31, 2013

In the interest of increased transparency, DNI Clapper authorized the declassification and public release of the attached documents pertaining to the collection of telephone metadata pursuant to Section 215 of the PATRIOT Act. DNI Clapper has determined that the release of these documents is in the public interest.


Defunding FISA Business Records program risks dismantling important intelligence tool - July 24, 2013

DNI Clapper joined Senate and House Intelligence Committee leadership in their call for an open and candid discussion about foreign surveillance authorities and careful consideration of the potential effect of limiting the Intelligence Community’s capabilities under these authorities.


Foreign Intelligence Surveillance Court Renews Authority to Collect Telephony Metadata - July 19, 2013

ODNI statement announces that DNI Clapper has decided to declassify and disclose publicly that the Government filed an application with the Foreign Intelligence Surveillance Court seeking renewal of the authority to collect telephony metadata in bulk, and that the Court renewed that authority.


DNI Clapper Letter on Misunderstandings Arising from his March 12th Appearance Before the Senate Select Committee on Intelligence - July 02, 2013  

DNI Clapper letter to Senate Intelligence Committee Chairman Senator Feinstein explaining his erroneous response to a question asked by Senator Wyden at the open March 12 Intelligence Committee hearing.


ODNI Statement on the Limits of Surveillance Activities - June 16, 2013

ODNI Public Affairs statement dispels the erroneous notion that a single analyst can eavesdrop on domestic communications without legal authority.


Statement from the ODNI Spokesperson on the Latest Report from The Guardian - June 09, 2013

Statement from ODNI Director of Public Affairs Shawn Turner regarding press reporting that identified an individual who disclosed classified material; the matter has been referred to the Department of Justice and thus inquiries should be made there.


DNI Statement on the Collection of Intelligence Pursuant to Section 702 of the Foreign Intelligence Surveillance Act - June 08, 2013

DNI Clapper provides context for Section 702, including that is it is overseen by all three branches of Government and is an effective tool, which the media failed to provide in a “rush to publish.”


Facts on the Collection of Intelligence Pursuant to Section 702 of the Foreign Intelligence Surveillance Act - June 08, 2013

ODNI Fact Sheet which states PRISM is a computer system used to facilitate collection of information pursuant to Section 702; discusses restrictions of Section 702; details oversight of Section 702 including by the FISA Court, Congress, and the Executive.


DNI Statement on Activities Authorized Under Section 702 of FISA - June 06, 2013

DNI Clapper addresses inaccuracies in recent reporting about Section 702 of FISA.


DNI Statement on Recent Unauthorized Disclosures of Classified Information- June 06, 2013

DNI Clapper explains Intelligence Community priorities, the long-lasting and irreversible harm to the U.S.’s ability to identify and respond to the many threats facing the nation unauthorized disclosures cause, and provides key information regarding how classified intelligence collection programs are used to prevent terrorist attacks and the numerous safeguards that protect privacy and civil liberties, which the reporting omitted.


Speeches & Interviews

American Bar Association, 23rd Annual Review of the Field of National Security Law, Executive Updates on Developments in National Security Law, Panel: Privacy, Technology and National Security: An Overview of Intelligence Collection -  October 31, 2013

As Prepared Remarks of Robert S. Litt General Counsel for the Office of the Director of National Intelligence.  


Privacy, Technology & National Security: An Overview of Intelligence Collection by Robert S. Litt, ODNI General Counsel
- July 18, 2013

At a Brookings Institution sponsored event, Robert Litt corrects some of the misimpressions that resulted from the disclosures of classified information about legal programs, authorized by Congress and subject to oversight by all three branches of the government. Mr. Litt discusses the laws that govern intelligence collection activities; the effect of changing technology and the corresponding need to adapt how we protect privacy on those collection activities; and how the laws play out in practice so so that the Intelligence Community's collection activities under FISA respond to these changes in a way that remains faithful to our democratic values.  


Transcript: Newseum Special Program - NSA Surveillance Leaks: Facts and Fiction  - June 26, 2013

ODNI General Counsel Robert S. Litt participated on an American Bar Association Law and National Security Committee sponsored panel at the Newseum in Washington, D.C. Mr. Litt emphasized how the Intelligence Community is careful to achieve the goals of both national security and protection of individual rights.  Mr. Litt discussed two types of intelligence collection programs - Section 215 and Section 702 - and how both are subjected to restrictions and oversight, detailing such restrictions and oversight for each program. 


Director James R. Clapper Interview With Andrea Mitchell - June 10, 2013

DNI Clapper discusses how the leaks hurt American intelligence capabilities and how Section 215 has prevented terror plots.  DNI Clapper also discussed the oversight by the Foreign Intelligence Surveillance Court (FISC) and the how the FISA programs are subjected to Congressional oversight, including the intelligence oversight committees.  DNI Clapper discussed Section 702 and Section 215 programs.


Congressional Testimony

Remarks as delivered by James R. Clapper Director of National Intelligence, Open Hearing on Continued Oversight of the Foreign Intelligence Surveillance Act to the House Permanent Select Committee on Intelligence - October 29, 2013

Remarks as delivered by James R. Clapper Director of National Intelligence, Open Hearing on Continued Oversight of the Foreign Intelligence Surveillance Act to the House Permanent Select Committee on Intelligence.


Remarks as delivered by James R. Clapper, Director of National Intelligence at an Open Hearing on Foreign Intelligence Surveillance Authorities
- Thursday, September 26, 2013 -

Remarks as delivered by James R. Clapper, Director of National Intelligence at an Open Hearing on Foreign Intelligence Surveillance Authorities U.S. Senate Select Committee on Intelligence


Hearing of the House Judiciary Committee, Opening Statement of Mr. Robert S. Litt, General Counsel, ODNI - July 17, 2013

Robert Litt noted that it was important to correct some of the misimpressions that exist about intelligence collection programs and highlighted three points about the Foreign Intelligence Surveillance Court (FISC):  1) the activity regulated by the FISC was historically outside of all judicial supervision; 2) the FISC is not a rubber stamp; and 3) we should strive for the maximum possible transparency about the activities of the FISC. 


IC Policies and Reports -- FISA Amendments Act of 2008

Semi-Annual Assessment of Compliance with the Procedures and Guidelines Issued Pursuant to Section 702 of the Foreign Intelligence Surveillance Act, Submitted by the Attorney General and the Director of National Intelligence - August 2013


DNI Letter to House and Senate Leaders with FISA Amendments Act 2012 Legislative Proposal - March 26, 2012


Joint Letter from DNI Clapper and Attorney General Eric Holder Urging Reauthorization of Title VII of the FAA - February 8, 2012

The letter by DNI Clapper and Attorney General Holder urging Congress to reauthorize Title VII of FISA, enacted by the FISA Amendments Act of 2008 (FAA), including explaining Section 702.  The letter contained a background paper on Title VII of FISA prepared by the Department of Justice and the Office of the Director of National Intelligence (ODNI) describing the provision of Title VII of FISA that were added by the FAA, detailing how Section 702 provides valuable foreign intelligence information about terrorists while protecting the privacy and civil liberties of Americans.  The background paper also discussed other important provisions of Title VII of FISA and urged those provisions to be reauthorized and that Congress has been kept fully informed and conducts vigorous oversight of Title VII’s implementation.


May 2010 Final Release of Semi-Annual FISA Compliance Assessment with Exemptions

The third Semiannual Assessment of Compliance with Procedures and Guidelines Issued Pursuant to Section 702 of the Foreign Intelligence Surveillance Act, Submitted by the Attorney General and the Director of National Intelligence for reporting period June 1, 2009 – November 30, 2009.  This document, issued May 2010, is declassified and redacted.


December 2009 Final Release of Semi-Annual FISA Compliance Assessment with Exemptions

The second Semiannual Assessment of Compliance with Procedures and Guidelines Issued Pursuant to Section 702 of the Foreign Intelligence Surveillance Act, Submitted by the Attorney General and the Director of National Intelligence for reporting period December 1, 2008 – May 31, 2009.  This document, issued December 2009, is declassified and redacted.


March 2009 Final Release of Semi-Annual FISA Compliance Assessment with Exemptions

The first Semiannual Assessment of Compliance with Procedures and Guidelines Issued Pursuant to Section 702 of the Foreign Intelligence Surveillance Act, Submitted by the Attorney General and the Director of National Intelligence for reporting period September 4, 2008  – November 30, 2008.  This document, issued March 2009, is declassified and redacted.

 

Department of Justice Releases Documents on Pen Registers and Trap and Trace Applications to the FISC - Tuesday, March 4, 2014 -

http://www.odni.gov/index.php/newsroom/press-releases/198-press-releases-2014/1024-department-of-justice-releases-documents-on-pen-registers-and-trap-and-trace-applications-to-fisc

On Friday, the Attorney General through the Department of Justice, declassified and released 24 documents that were responsive to a portion of a Freedom of Information Act request by the Electronic Privacy Information Center.

Joint Statement by Director of National Intelligence James Clapper and Attorney General Eric Holder on the Declassification of Additional Documents Regarding Collection Under Section 501 of the Foreign Intelligence Surveillance Act - Wednesday, February 12, 2014 -

http://www.odni.gov/index.php/newsroom/press-releases/198-press-releases-2014/1018-joint-statement-by-director-of-national-intelligence-james-clapper-and-attorney-general-eric-holder-on-the-declassification-of-additional-documents-regarding-collection-under-section-501-of-the-foreign-intelligence-surveillance-act

 

The Director of National Intelligence declassified and disclosed publicly that the U.S. government had filed an application with the Foreign Intelligence Surveillance Court seeking renewal of the authority to collect telephony metadata in bulk, and that, on Jan. 3, 2014, the court renewed that authority.

 

FISC Approves Government’s Request to Modify Telephony Metadata Program - Thursday, February 6, 2014 -

http://www.odni.gov/index.php/newsroom/press-releases/198-press-releases-2014/1013-foreign-intelligence-surveillance-court-approves-government-s-request-to-modify-telephony-metadata-program

 

During his speech on Jan. 17, 2014, President Obama ordered a transition that will end the Section 215 bulk telephony metadata program as it currently exists, and establish a mechanism that preserves the capabilities we need without the government holding this bulk data.

 

DNI Clapper Declassifies Additional Documents Regarding Collection Under Section 501 of the Foreign Intelligence Surveillance Act - Friday, January 17, 2014 -

http://www.odni.gov/index.php/newsroom/press-releases/198-press-releases-2014/1001-dni-clapper-declassifies-additional-documents-regarding-collection-under-section-501-of-the-foreign-intelligence-surveillance-act

 

DNI Clapper authorizes declassification and public release of additional documents relating to  collection under Section 501 of the Foreign Intelligence Surveillance Act.

 

Readout of the IC Leadership’s Meeting with the President’s Review Group on Intelligence and Communications Technologies - Tuesday, January 7, 2014 -

http://www.odni.gov/index.php/newsroom/press-releases/198-press-releases-2014/997-readout-of-the-ic-leadership%E2%80%99s-meeting-with-the-president%E2%80%99s-review-group-on-intelligence-and-communications-technologies

 

The Director of National Intelligence, James Clapper, and other Intelligence Community leaders met today with three members of the President’s Review Group on Intelligence and Communications Technologies.

 

Foreign Intelligence Surveillance Court Approves Government’s Application to Renew Telephony Metadata Program - Friday, January 3, 2014 -

http://www.odni.gov/index.php/newsroom/press-releases/198-press-releases-2014/994-foreign-intelligence-surveillance-court-approves-government%E2%80%99s-application-to-renew-telephony-metadata-program

 

DNI Clapper has decided to declassify and disclose publicly that the government filed an application with the Foreign Intelligence Surveillance Court seeking renewal of the authority to collect telephony metadata in bulk, and that the court renewed that authority on January 3, 2014.

Civil Liberties and Privacy Office - Submit a Complaint

Monday, April 02, 2012

Civil Liberties Privacy Office

To Submit A Complaint

The Civil Liberties and Privacy Office reviews, assesses, and, where appropriate, investigates complaints and other information indicating possible abuses of civil liberties and privacy in the administration of ODNI programs and operations.

If you wish to report a potential civil liberties and privacy violation or file a complaint, please provide a written detailed description of the incident and surrounding circumstances, and include copies of any unclassified documentation pertaining to the matter.

The information should be mailed to:

Office of the Director of National Intelligence
ATTN: Civil Liberties and Privacy Office
Washington, DC 20511

Please note:

  • The Civil Liberties Protection Officer's statutory duty to review, assess, and investigate complaints extends only to the administration of programs and operations of the ODNI. Accordingly, if your concern involves a program or operation administered by another U.S. Government department or agency, please submit your concern directly to that entity. Depending on the subject matter, your complaint may be referred to the IC Office of Inspector General or to another U.S. Government department or agency, such as the Department of Justice, to conduct an investigation as appropriate.
  • No action constituting a reprisal, or threat of reprisal, will be made against a Federal employee for making a complaint or for disclosing information to the Civil Liberties and Privacy Office that indicates a possible violation of civil liberties or privacy protections in the administration of ODNI programs and operations, unless the complaint is made or the information is disclosed with the knowledge that it was false or made with willful disregard for its truth or falsity.

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