JOINT STATEMENT ON DECLASSIFICATION OF ADDITIONAL DOCUMENTS UNDER FOREIGN INTELLIGENCE SURVEILLANCE ACT

FROM:  JUSTICE DEPARTMENT 
Wednesday, February 12, 2014

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

Attorney General Eric Holder and Director of National Intelligence James Clapper released the following joint statement Wednesday:

“On Jan. 3, 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. The Director of National Intelligence also announced that the Administration was undertaking a declassification review of the court’s Jan. 3 primary order.

“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 this country needs without the U.S. Government holding this bulk data.

“As a first step in that transition, the President directed the Department of Justice to work with the FISC to ensure that, absent a true emergency, the telephony metadata can only be queried after a judicial finding that there is a reasonable, articulable suspicion that the selection term is associated with an approved international terrorist organization. The President also directed that the query results must be limited to metadata within two hops of the selection term instead of three. As previously announced on Feb. 6, 2014, to put these two changes into effect, the Department of Justice filed a motion with the FISC to amend its Jan. 3, 2014, primary order that renewed the authority to collect telephony metadata under Section 215. On Feb. 5, 2014, the FISC granted the motion.

“Following a declassification review by the Executive Branch, today the FISC released in redacted form the previously classified Jan. 3, 2014, primary order, signed by Judge Thomas Hogan, re-authorizing the collection of bulk telephony metadata under Section 215. The order re-affirms that the bulk telephony metadata collection is lawful. The authorization expires on Mar. 28, 2014. The FISC also released in redacted form the U.S. Government’s previously classified motion to amend the Jan. 3, 2014, primary order, as well as the previously classified Feb. 5, 2014, order granting that motion, signed by Judge Reggie Walton.

GOVERNMENT ANNOUNCES NEW REPORTING METHODS FOR NATIONAL SECURITY ORDERS

FROM:  JUSTICE DEPARTMENT 
Monday, January 27, 2014

Joint Statement by Attorney General Eric Holder and Director of National Intelligence James Clapper on New Reporting Methods for National Security Orders

Attorney General Eric Holder and Director of National Intelligence James Clapper released the following joint statement Monday:

“As indicated in the Justice Department’s filing with the Foreign Intelligence Surveillance Court, the administration is acting to allow more detailed disclosures about the number of national security orders and requests issued to communications providers, and the number of customer accounts targeted under those orders and requests including the underlying legal authorities. Through these new reporting methods, communications providers will be permitted to disclose more information than ever before to their customers.

“This action was directed by the President earlier this month in his speech on intelligence reforms. While this aggregate data was properly classified until today, the office of the Director of National Intelligence, in consultation with other departments and agencies, has determined that the public interest in disclosing this information now outweighs the national security concerns that required its classification.

“Permitting disclosure of this aggregate data resolves an important area of concern to communications providers and the public.  In the weeks ahead, additional steps must be taken in order to fully implement the reforms directed by the President.



“The declassification reflects the Executive Branch’s continuing commitment to making information about the Government’s intelligence activities publicly available where appropriate and is consistent with ensuring the protection of the national security of the United States.”