FACT SHEET ON UNMANNED AIRCRAFT SYSTEMS AND PRIVACY, CIVIL RIGHTS

FROM:  THE WHITE HOUSE
February 15, 2015
FACT SHEET: Promoting Economic Competitiveness While Safeguarding Privacy, Civil Rights, and Civil Liberties in Domestic Use of Unmanned Aircraft Systems

Today the White House issued a Presidential Memorandum to promote economic competitiveness and innovation while safeguarding privacy, civil rights, and civil liberties in the domestic use of Unmanned Aircraft Systems (UAS).

This Presidential Memorandum builds on efforts already underway to integrate UAS into the national airspace system (NAS).  The Federal Aviation Administration has authorized the testing of UAS at six sites around the country in December 2013 as part of its efforts to safely integrate UAS into the NAS, as required by the Federal Aviation Administration Modernization and Reform Act of 2012.

UAS are a potentially transformative technology in diverse fields such as agriculture, law enforcement, coastal security, military training, search and rescue, first responder medical support, critical infrastructure inspection, and many others.

The Administration is committed to promoting the responsible use of this technology, strengthening privacy safeguards and ensuring full protection of civil liberties.

The Presidential Memorandum released today ensures that the Federal Government’s use of UAS takes into account these important concerns and in service of them, promotes better accountability and transparent use of this technology, including through the following:

First, the Presidential Memorandum requires Federal agencies to ensure that their policies and procedures are consistent with limitations set forth in the Presidential Memorandum on the collection and use, retention, and dissemination, of information collected through UAS in the NAS.

Second, the Presidential Memorandum requires agencies to ensure that policies are in place to prohibit the collection, use, retention, or dissemination of data in any manner that would violate the First Amendment or in any manner that would discriminate against persons based upon their ethnicity, race, gender, national origin, religion, sexual orientation, or gender identity, in violation of law.

Third, the Presidential Memorandum includes requirements to ensure effective oversight.

Fourth, the Presidential Memorandum includes provisions to promote transparency, including a requirement that agencies publish information within one year describing how to access their publicly available policies and procedures implementing the Presidential Memorandum.

Fifth, recognizing that technologies evolve over time, the Presidential Memorandum requires agencies to examine their UAS policies and procedures prior to the deployment of new UAS technology, and at least every three years, to ensure that protections and policies keep pace with developments.

Consistent with these objectives, the Presidential Memorandum additionally requires the Department of Commerce, through the National Telecommunications and Information Administration, and in consultation with other interested agencies, to initiate a multi-stakeholder engagement process within 90 days to develop a framework for privacy, accountability, and transparency issues concerning the commercial and private use of UAS in the NAS.

WHITE HOUSE FACT SHEET: "SAFEGUARDING AMERICAN CONSUMERS & FAMILIES"

FROM:  THE WHITE HOUSE 

FACT SHEET: Safeguarding American Consumers & Families

Today, President Obama will build on the steps he has taken to protect American companies, consumers, and infrastructure from cyber threats, while safeguarding privacy and civil liberties.  These actions have included the President’s 2012 comprehensive blueprint for consumer privacy, the BuySecure initiative—launched last year— to safeguard Americans’ financial security, and steps the President took earlier this year by creating a working group of senior administration officials to examine issues related to big data and privacy in public services and the commercial sector.

In an increasingly interconnected world, American companies are also leaders in protecting privacy, taking unprecedented steps to invest in cybersecurity and provide customers with precise control over the privacy of their online content.  But as cybersecurity threats and identity theft continue to rise, recent polls show that 9 in 10 Americans feel they have in some way lost control of their personal information — and that can lead to less interaction with technology, less innovation, and a less productive economy.

At the Federal Trade Commission offices today, President Obama will highlight measures he will discuss in the State of the Union and unveil the next steps in his comprehensive approach to enhancing consumers’ security, tackling identity theft, and improving privacy online and in the classroom.  These steps include:

Improving Consumer Confidence by Tackling Identity Theft

The Personal Data Notification & Protection Act: The President is putting forward a new legislative proposal to help bring peace of mind to the tens of millions of Americans whose personal and financial information has been compromised in a data breach.  This proposal clarifies and strengthens the obligations companies have to notify customers when their personal information has been exposed, including establishing a 30-day notification requirement from the discovery of a breach, while providing companies with the certainty of a single, national standard.  The proposal also criminalizes illicit overseas trade in identities.

Identifying and Preventing Identity Theft:  To give consumers access to one of the best early indicators of identity theft, as well as an opportunity to improve their credit health, JPMorganChase and Bank of America, in partnership with Fair Isaac Corporation (FICO), will join the growing list of firms making credit scores available for free to their consumer card customers.  USAA and State Employees’ Credit Union will also offer free credit scores to their members, and Ally Financial is further widening the community of companies taking this step by making credit scores available to their auto loan customers.  Through this effort over half of all adult Americans with credit scores will now have access to this tool to help spot identity theft, through their banks, card issuers, or lenders.
Safeguarding Student Data in the Classroom and Beyond

The Student Digital Privacy Act: The President is releasing a new legislative proposal designed to provide teachers and parents the confidence they need to enhance teaching and learning with the best technology — by ensuring that data collected in the educational context is used only for educational purposes.  This bill, modeled on a landmark California statute, builds on the recommendations of the White House Big Data and Privacy review released earlier this year, would prevent companies from selling student data to third parties for purposes unrelated to the educational mission and from engaging in targeted advertising to students based on data collected in school – while still permitting important research initiatives to improve student learning outcomes, and efforts by companies to continuously improve the effectiveness of their learning technology products.

New Commitments from the Private Sector to Help Enhance Privacy for Students:  Today 75 companies have committed to the cause, signing a pledge to provide parents, teachers, and kids themselves with important protections against misuse of their data.  This pledge was led by the Future of Privacy Forum and the Software & Information Industry Association, and today the President challenged other companies to follow their lead.

New Tools from the Department of Education to Empower Educators Around the Country and Protect Students: The Department of Education and its Privacy Technical Assurance Center play a critical role in protecting American children from invasions of privacy. Today, we are announcing a forthcoming model terms of service, as well as teacher training assistance that will enhance our ability to help ensure educational data is used appropriately and in accordance with the educational mission.

Convening the Public and Private Sector to Tackle Emerging Privacy Issues

Voluntary Code of Conduct for Smart Grid Customer Data Privacy: Today the Department of Energy and the Federal Smart Grid Task Force are releasing a new Voluntary Code of Conduct (VCC) for utilities and third parties aimed at protecting electricity customer data — including energy usage information.  This Code reflects a year of expert and public consultation, including input from industry stakeholders, privacy experts, and the public.  As companies begin to sign on, the VCC will help improve consumer awareness, choice and consent, and controls on access.

Promoting Innovation by Improving Consumers Confidence Online

Consumer Privacy Bill of Rights Legislation: Online interactions should be governed by clear principles — principles that look at the context in which data is collected and ensure that users’ expectations are not abused.  Those were the key themes of the Administration’s 2012 Consumer Privacy Bill of Rights, and today the Commerce Department announced it has completed its public consultation on revised draft legislation enshrining those principles into law.  Within 45 days, the Administration will release this revised legislative proposal and today we call on Congress to begin active consideration of this important issue.

These actions build on steps the President has already taken to support consumer privacy and fight identity theft, including:

Making Federal Payments More Secure to Help Drive the Market Forward: In October, as part of his BuySecure Initiative, the President issued an Executive Order laying out a new policy to secure payments to and from the Federal government by applying chip and PIN technology to newly issued and existing government credit cards, as well as debit cards like Direct Express, and upgrading retail payment card terminals at Federal agency facilities to accept chip and PIN-enabled cards. This accompanied an effort by major companies like Home Depot, Target, Walgreens, and Walmart to roll out secure chip and PIN-compatible card terminals in stores across the country.

New Measures to Prevent Identity Theft: The President also announced new steps by the government to assist victims of identity theft, including supporting the Federal Trade Commission in their development of a new one-stop resource for victims at IdentityTheft.gov and expanding information sharing to ensure Federal investigators’ ability to regularly report evidence of stolen financial and other information to companies whose customers are directly affected.

ATTORNEY GENERAL HOLDER TESTIFIES BEFORE SENATE JUDICIARY COMMITTEE

FROM:  JUSTICE DEPARTMENT 
Attorney General Eric Holder Testifies Before the U.S. Senate Committee on the Judiciary
~ Wednesday, January 29, 2014

Chairman Leahy, Ranking Member Grassley, and Members of the Committee: thank you for the opportunity to appear before you today to discuss the recent achievements and the ongoing priorities of the U.S. Department of Justice.

I would like to thank Members of Congress for coming together earlier this month to pass a bipartisan budget agreement that restores the Department’s funding to pre-sequestration levels.  We are reviewing this legislation to determine its impact on specific programs and components, but we anticipate that it will provide for the hiring of additional federal agents, prosecutors, and other essential staff.  This will allow us to invest in innovative programs, to keep supporting state and local law enforcement agencies, and to continue building upon the outstanding work that my colleagues have made possible over the past year.

As I have often said, the Department’s top priority must always be the protection of the American people from terrorism and other national security threats.  Since I last appeared before this Committee, we have continued to strengthen key intelligence-gathering capabilities; to refine our ability to identify and disrupt potential terrorist plots; and to ensure that those charged with terrorism-related offenses can be held accountable to the fullest extent of the law.  As President Obama noted in a speech at the Justice Department roughly two weeks ago, in carrying out this work it is imperative that we continue striving to protect our national security while upholding the civil liberties we all hold dear.  On Monday, we took a significant step forward in this regard when the Department acted to allow more detailed disclosures about the number of national security orders and requests that are issued to communications providers; the number of customer accounts targeted under those orders and requests; and the underlying legal authorities.

Through these new reporting methods, communications providers will be permitted to disclose more information than ever before to their customers.  Allowing disclosure of this aggregate data will resolve an important area of concern to communications providers and the public.  And in the weeks ahead, as we move forward with the timely implementation of this and other reforms directed by the President, my colleagues and I will work closely with members of this Committee and other Congressional leaders to determine the best path forward.

We also will continue enforcing essential privacy protections and other safeguards concerning data possessed by government as well as the private sector.  The Department of Justice takes seriously reports of any data breach, particularly those involving personally identifiable or financial information, and looks into allegations that are brought to its attention.  While we generally do not discuss specific matters under investigation, I can confirm the Department is investigating the breach involving the U.S. retailer, Target.  And we are committed to working to find not only the perpetrators of these sorts of data breaches – but also any individuals and groups who exploit that data via credit card fraud.

Beyond this important work, the Department will continue to build on the progress we have seen in confronting a wide variety of other threats and challenges – from combating drug and human trafficking, to addressing cyber-attacks, protecting Americans from violent crime, and taking common-sense steps to reduce gun violence.  Earlier this month, the Department strengthened the federal background check system by clarifying federal rules concerning mental health-based prohibitions on firearm purchases.  Under the leadership of our Civil Division, we are working diligently with our federal agency partners to implement the Supreme Court’s ruling, in United States v. Windsor, to make real the promise of equal protection under the law for all American families – and to extend applicable federal benefits to married same-sex couples.  And we are vigorously enforcing federal voting protections – and working with Congressional leaders from both parties to refine and strengthen the proposals that Congress is currently considering – to help ensure that every eligible American has access to the franchise.

In addition, last year – as part of our ongoing efforts to hold accountable those whose conduct sowed the seeds of the mortgage crisis – the Department filed suits against Bank of America and the ratings firm S&P.  In November, the Department reached a $13 billion settlement with JP Morgan Chase & Co. – the largest settlement with any single entity in American history – to resolve federal and state civil claims related to the company’s mortgage securitization process.  These results demonstrate that no firm, no matter how profitable, is above the law.  And they reinforce our commitment to integrity and equal justice in every case, in every circumstance, and in every community.

This commitment is also reflected in the new “Smart on Crime” initiative I announced this past August – to strengthen our federal criminal justice system; to increase our emphasis on proven diversion, rehabilitation, and reentry programs; and to reduce unnecessary collateral consequences for those seeking to rejoin their communities.  As part of the “Smart on Crime” approach, I mandated a significant change to the Justice Department’s charging policies to ensure that people accused of certain low-level federal drug crimes will face sentences appropriate to their individual conduct – and that stringent mandatory minimum sentences will be reserved for the most serious criminals.  Alongside other important reforms, this change will make our criminal justice system not only fairer, but also more efficient.  And it will complement proposals like the bipartisan Smarter Sentencing Act – introduced by Senators Dick Durbin and Mike Lee – which would give judges more discretion in determining appropriate sentences for people convicted of certain federal drug crimes.

I look forward to working with Chairman Leahy, distinguished members of this Committee, and other leaders who have shown a commitment to common-sense sentencing reform – like Senator Rand Paul – to help advance this and other legislation.  I thank you all, once again, for your continued support of the Department of Justice.  And I would be happy to answer any questions you may have.

JUSTICE OFFICIALS TESTIFY BEFORE SENATE JUDICIARY COMMITTEE ABOUT FISA COURT

FROM:  U.S. JUSTICE DEPARTMENT 
Deputy Attorney General James M. Cole, Director Keith B. Alexander and General Counsel Robert S. Litt Testify Before the U.S. Senate Judiciary Committee

Washington, D.C. ~ Wednesday, December 11, 2013

Thank you for inviting us to continue our discussions with this Committee on our efforts to enhance public confidence in the important intelligence collection programs that have been the subject of unauthorized disclosures since earlier this year: the collection of bulk telephony metadata under the business records provision found in Section 215 of the USA PATRIOT Act, and the targeting of non-U.S. persons overseas under Section 702 of FISA. As we have emphasized in previous appearances before this and other Committees, we remain committed, as we review any modifications to these authorities, both to protecting privacy and civil liberties in the conduct of our intelligence activities, in a manner consistent with the Constitution, the law and our values, and to ensuring that we continue to have the authorities we need to collect important foreign intelligence to protect the country from terrorism and other threats to national security. We also remain committed to working closely with this Committee as any modifications to these activities are considered.

A key step in promoting greater public confidence in these intelligence activities is to provide greater transparency so that the American people, as well as ordinary citizens around the world, understand what the activities are, how they function, and how they are overseen. As you know, many of the reports appearing in the media concerning the scope of the Government’s intelligence collection efforts have been inaccurate, including with respect to the collection carried out under Sections 215 and 702. In response, the Administration has released substantial information since June to increase transparency and public understanding, while also working to ensure that these releases are consistent with national security. We welcome the opportunity to discuss ways to make more information about intelligence activities conducted under FISA available to the public in a meaningful and responsible way. At the same time, we are mindful of the need not to publicly disclose information that our adversaries could exploit to evade surveillance and harm our national security. There is no doubt that the recent unauthorized disclosures about our surveillance capabilities risk causing substantial damage to our national security, and it is essential that we not take steps that will increase that damage.

In keeping with this balance, in June the President directed the Intelligence Community to make as much information about the Section 215 and Section 702 programs available to the public as possible, consistent with the need to protect national security and sensitive sources and methods. Since then, the Director of National Intelligence has declassified and publicly released substantial information in order to facilitate informed public debate about these programs. Among other things, the Government has declassified and disclosed the primary and secondary orders from the FISA Court that describe in detail how the bulk telephony metadata collection program operates and the important restrictions on how the data collected under the program are accessed, retained, and disseminated. The Government has also released two recent FISA Court opinions, as well as an Administration white paper, that articulate in detail the legal authority and rationale for this program. We have also declassified and released to the public several other FISA Court opinions and orders concerning the two programs, including detailed discussions of compliance issues that have arisen during the programs’ history and the Government’s responses to these incidents. We have declassified and released extensive materials that were provided to the Congress in conjunction with its oversight and reauthorization of these authorities. Finally, just this week we have declassified and released additional materials, including FISA Court opinions relating to a separate program (no longer in operation) to collect certain internet metadata in bulk pursuant to court orders issued under the pen register/trap and trace provision of FISA (Section 402). Our efforts to promote greater transparency through declassification and public release of relevant documents are not yet complete. We will continue our efforts to promote greater transparency through declassification and public release of relevant documents, while carefully protecting information that we cannot responsibly release because of national  security concerns. These efforts are an important means of enhancing public confidence that the Intelligence Community is using its legal authorities appropriately, which has become increasingly important in the wake of confusion, concerns, and misunderstandings caused by the recent and continuing unauthorized disclosures of classified information.

As part of our ongoing efforts to increase transparency, the Director of National Intelligence has also committed to providing annual public reports that include nationwide statistical data on the Intelligence Community’s use of certain FISA authorities. Specifically, for each of the following categories of FISA and related authorities, beginning in January 2014 and on an annual basis thereafter, the Intelligence Community will release to the public the total number of orders issued during the prior twelve-month period and the number of targets affected by these orders:

FISA orders based on probable cause (Titles I and III and Sections 703 and 704 of FISA).
Directives under Section 702 of FISA.
FISA Business Records orders (Title V of FISA).
FISA Pen Register/Trap and Trace orders (Title IV of FISA).
National Security Letters issued pursuant to 12 U.S.C. § 3414(a)(5), 15 U.S.C.
This information will enable the public to understand how often the Intelligence Community uses these authorities nationwide, how many persons or entities are targeted by these efforts, and how these figures change over time. The Director of National Intelligence has concluded that providing this information on a nationwide basis is an acceptable course in light of the goal of public transparency, without unduly risking national security.

We also understand the concerns that specific companies have expressed as to their ability to inform their customers of how often data is provided to the Government in response to  legal process. In light of those concerns, we have authorized companies to report within certain ranges the total number of federal, state, and local law enforcement and national security legal demands they receive on a nationwide basis, and the number of user accounts affected by such orders. This allows companies to illustrate that those demands affect only a tiny percentage of their users, even taking all of the demands together, and thus to refute inaccurate reports that companies cooperate with the Government in dragnet surveillance of all of their customers. At the same time, this approach avoids the disclosure of information to our adversaries regarding the extent or existence of FISA coverage of services or communications platforms provided by particular companies

The scope of the voluntary disclosures by the Executive Branch concerning sensitive intelligence collection activities carried out under FISA is unprecedented. We hope that the information we have released, and will continue to release, will allow the public to understand better how our intelligence collection authorities are used. We also hope the public will appreciate the rigorous oversight conducted by all three branches of government over our intelligence activities, a whole of government approach that is unique and exacting in comparison to the many governments that conduct similar intercept programs with substantially less stringent oversight. The extensive oversight that we conduct helps to ensure that our activities protect national security, balance important privacy considerations, and operate lawfully.

In addition to the unprecedented steps we have taken to promote transparency, we are open to working with Congress on legislation designed to increase public confidence in these intelligence activities and enhance the protection of privacy and civil liberties. Regarding Section 215, we would consider statutory restrictions on querying the data that are compatible with operational needs, including perhaps greater limits on contact chaining than what the current FISA Court orders permit. We could also consider a different approach to retention periods for the data—consistent with operational needs—and enhanced statutory oversight and transparency measures, such as annual reporting on the number of identifiers used to query the data. To be clear, we believe the manner in which the bulk telephony metadata collection program has been carried out is lawful, and existing oversight mechanisms protect both privacy and security. However, there are some changes that we believe could be made that would enhance privacy and civil liberties as well as public confidence in the program, consistent with our national security needs.

On the issue of FISA Court reform, we believe that the ex parte nature of proceedings before the FISA Court is fundamentally sound and has worked well for decades in adjudicating the Government’s applications for authority to conduct electronic surveillance or physical searches in the national security context under FISA. However, we understand the concerns that have been raised about the lack of independent views in certain cases, such as cases involving bulk collection, that affect the privacy and civil liberties interests of the American people as a whole.

Therefore, we would be open to discussing legislation authorizing the FISA Court to appoint an amicus , at its discretion, in appropriate cases, such as those that present novel and significant questions of law and that involve the acquisition and retention of information concerning a substantial number of U.S. persons. Establishing a mechanism whereby the FISA Court could solicit independent views of an amicus in cases that raise broader privacy and civil liberties questions, but without compromising classified information, may further assist the Court in making informed and balanced decisions and may also serve to enhance public confidence in the FISA Court process.

While we remain open to working with Congress to effectuate meaningful reforms along the lines just described, we do not support legislation that would have the effect of ending the Section 215 program, which the Government continues to find valuable in protecting national security. And, while we support increased transparency, we do not support legislation that would require or permit public reporting of information concerning intelligence activities under FISA that could be used by our adversaries to evade surveillance, or which otherwise raises practical and operational concerns. The bill approved by the Senate Intelligence Committee includes a number of constructive provisions that we support and that we think will enhance protections for privacy and civil liberties without harming national security.

Finally, we want to address the Committee’s interest in the legal standard for collection of records under Section 215. As the Administration explained in a white paper that it published in August, the telephony metadata program satisfies the statutory requirement that there be “reasonable grounds to believe” that the records collected are “relevant to an authorized investigation . . . to obtain foreign intelligence information . . . or to protect against international terrorist or clandestine intelligence activities.” The text of Section 215, considered in light of the well-developed understanding of “relevance” in the context of civil discovery and criminal and administrative subpoenas, as well as the broader purposes of the statute, indicates that there are “reasonable grounds to believe” that the records at issue here are “relevant to an authorized investigation.” Specifically, in the circumstance where the Government has reason to believe  that conducting a search of a broad collection of telephony metadata records will produce counterterrorism information—and that it is necessary to collect a large volume of data in order to employ the analytic tools needed to identify that information—the standard of relevance under Section 215 is satisfied, particularly in light of the strict limitations on the use of the data collected and the extensive oversight of the program.

As noted above, two decisions of the FISA Court that have recently been declassified by the Government and released publicly by the Court explain why the collection of telephony metadata in bulk is constitutional and is authorized under the statute. These opinions reflect the independent conclusions of two federal judges serving on the FISA Court that the Government’s request for the production of call detail records under Section 215 meets the relevance standard and all other statutory requirements. Moreover, these opinions conclude that because the Government seeks only the production of telephony metadata, and not the content of communications, there are no Fourth Amendment impediments to the collection. Indeed, 15 separate judges of the FISA Court have held on 35 occasions that Section 215 authorizes the collection of telephony metadata in bulk in support of counterterrorism investigations. Last week, a district court in a criminal case in California also held that the collection of telephony metadata in bulk under Section 215 is consistent with the Fourth Amendment.

We appreciate that privacy concerns persist about the telephony metadata collection program, even considering the limited data the Government receives, the stringent constraints set by the FISA Court on how it is used, and the aforementioned legal rulings that have consistently upheld its legality. But we hope you will weigh those concerns against the increased risks to national security if this capability were terminated with no equivalent program that addresses what the 9/11 Commission pointed out as a critical gap in the ability of the intelligence community to detect and “connect the dots” for foreign terror plots against our homeland. This program fills a significant gap in our ability to identify terrorist communications and, together with other authorities, can help us identify and disrupt terrorist plots, thus fulfilling the vision of the 9/11 Commission, which implored the Government to undertake mechanisms and collaboration which would prevent the recurrence of another 9/11.

We look forward to answering any questions you might have about these important intelligence collection programs and related issues. We understand that there are a variety of views in the Congress and among the American people about these activities, and we look forward to discussing these issues with this Committee as new legislation concerning these activities is considered. We hope that, with the assistance of this Committee, we can ensure that these programs are on the strongest possible footing, from the perspective of both national security and privacy, so that they will continue to enjoy Congressional support in the future. Thank you.

GEN. DEMPSEY SAYS CYBERCOM BECOMMING MORE PROMINENT

FROM: U.S. DEPARTMENT OF DEFENSE
Dempsey: Cybercom Likely to Continue Gaining Prominence

By Claudette Roulo
American Forces Press Service

WASHINGTON, June 27, 2013 - U.S. Cyber Command, currently a subunified command under U.S. Strategic Command, likely will one day become a separate command, the chairman of the Joint Chiefs of Staff said here today.


Noting that the cyber threat will only continue to grow, Army Gen. Martin E. Dempsey told attendees at a Brookings Institution forum that he anticipates a day when operations in cyberspace become a dominant factor in military operations.

"But, at this point, Stratcom, with its global reach responsibilities, as well as its space responsibilities, is also able to manage the workload that comes with being the next senior headquarters to Cybercom," the chairman said. "I'm actually content [with] the way we're organized right now."

The chairman noted that the national effort to protect critical civilian infrastructure lags behind the military's efforts to secure its own networks, largely because information about cyber threats isn't being shared with the government.

"Right now, threat information primarily runs in one direction: from the government to operators of critical infrastructure," he said. Changing this will require legislation, he added.

The nation's top military officer said he's confident that indicators of an impending attack can be shared in a way that preserves the privacy, anonymity, and civil liberties of network users.

Cybercom will assume a new importance when that conduit opens, the chairman said. "If we get the kind of information sharing we need, that could be a catalyst for changing the organization, because the span and scope of responsibility will change," he explained.