D. Executive Order 13462, “President’s Intelligence Advisory Board and Intelligence Oversight Board,” as amended November 2, 2009. These duties and responsibilities generally include collection, analysis, and These procedures must be approved by the attorney general, providing an important additional check. According to … 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. Executive Order 12333, as amended, is further amended by striking Part 1 in its entirety and inserting in lieu thereof the following new part: PART 1 Goals, Directions, Duties, and Responsibilities with Respect to United States Intelligence Efforts 1.1 Goals. But intelligence agencies pursue their missions in a manner that provides important safeguards for all personal information. This OpEd was originally published in Politico Magazine, August 18, 2014. 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 … Presidential Executive Order 12333 applies to the entire Executive Branch. 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). A. Disseminating Element: Any OHS Component responsible for a disseminated intelligence report subject to an Identity Request. 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 … 6. 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. 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. Any conduct that constitutes, or is related to, an intelligence activity that may violate the law, any Executive Order (E.O.) Sec. Policy. In short, the presidential spying occurring under EO 12333 faces little oversight by Congress and collects a tremendous amount of U.S. person information, which ends up in the NSA’s—and other agencies’—databases despite EO 12333 primarily directing its surveillance outside the United States and against non-U.S. persons for foreign and counter intelligence information. Responsibilities. 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. And even if the NSA determines that information about an American constitutes foreign intelligence, it routinely uses a generic label like âU.S. 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. Executive Order 12333 contains no such protections for U.S. persons if the collection occurs outside U.S. borders. DoD Manual 5240.01 entitled a. 3. 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. But first I want to commend Tye for raising his concerns through the processes established for that purpose. 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. Issue: Does Executive Order 12333 authorize the Intelligence Community (IC) to monitor Americans communication with persons abroad? It requires that SIGINT activities be as tailored as feasible, limits the use of SIGINT information collected in bulk and directs intelligence agencies to safeguard personal information collected through SIGINT, regardless of nationality. Discover our mission: IC principles, history, and success stories, Check out Bin Laden's Bookshelf, IC on the Record, and declassified documents, Read the latest news about and from the IC, Learn about how we work, IC members, and oversight. The underlying identity may be provided only in a very limited set of circumstances, such as if itâs necessary to understand the particular foreign intelligence being conveyed. c. Questionable intelligence activities. All departments and agencies that conduct intelligence or counterintelligence activities must implement Intelligence Oversight programs. The principal application of this authority is the collection of communications by foreign … Executive Order 13454 Adjustments of Certain Rates of Pay Signed: January 4, 2008 Federal Register page and date: 73 FR 1481, January 8, 2008 Supersedes: EO 13420, December 21, 2006 Superseded by: EO 13483, December 18, 2008 Executive Order 13455 Establishing the President's Advisory Council on Financial Literacy Signed: January 22, 2008 Federal Register page and date: 73 FR 4445, January … 12333 governs the conduct of American intelligence activities.E.O. In fact, the president recently issued Presidential Policy Directive 28 (PPD-28), which covers EO 12333 signals intelligence (SIGINT) collection. 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 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.” (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. For those unfamiliar with it, EO 12333 is the day-to-day regulatory guidance governing all U.S. Intelligence Community (IC) activities. It provides market and investment analysis, as well as advisory services for global enterprises and public decision-makers. 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. Executive Order 13516 amends Executive Order 13462, reasserting the meaning of 'intelligence activities' to that of Executive Order 12333 of 1981. PERSON PROCEDURES UNDER E.O. 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. Yes. A9. Intelligence Oversight, as authorized in Executive Order 12333, is implemented through DoD Directive 5148.13 entitled “Intelligence Oversight”. 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. 13 OFFICE OF DIRECTOR OF NATIONAL INTELLIGENCE, INTELLIGENCE COMMUNITY DIRECTIVE 750, 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. In 1976, President Ford issued EO 11905, implementing many changes in the wake of President Nixon’s perceived intelligence abuses. Standards. Oversight is extensive and multi-layered. Tye stated that none of President Obamaâs recent reforms affect 12333 collection. The Department of Justice also provides oversight, as do the Privacy and Civil Liberties Oversight Board and the presidentâs Intelligence Oversight Board. rity. a. analysis-intelligence-oversight-program-and-guidelines.pdf 2 Section 1.7 of EO 12333 sets forth the duties and responsibilities of each IC element. _ EO 12333 United States Intelligence Activities with Amendments EO 13355 and EO 13470 _ DoDI 5200.27 Acquisition of Information Concerning Persons and Organizations not Affiliated with the Department of Defense _ DoDD 5148.11 ATSD for Intelligence Oversight 24 Apr 13 _ DoDD 5240.01, Change 1, DoD Intelligence Activities, 27 Aug 2014 I hope the facts above help inform the public discussion on EO 12333. or Presidential Directive including E.O. USA.gov, The U.S. National Archives and Records Administration (1)), or applicable DoD policy. 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). Background: E.O. E. DHS Delegation 08503, “Delegation to the Under Secretary for 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). Executive Order 12333? The new DoDD 5148.13, Executive Order 13462 of February 29, 2008 President's Intelligence Advisory Board and Intelligence Oversight Board. o Clarifies requirements for recurring intelligence oversight reporting (paras 15-6d, 15-6d(1), and 15-6d(2)). Three executive orders, 11905, 12036, and 12333, have played especially large roles in intelligence oversight. Do they have Intelligence Oversight programs? Many of these protections apply expressly to information about U.S. persons. Executive Orders Executive Order 12333--United States intelligence activities Source: The provisions of Executive Order 12333 of Dec. 4, 1981, appear at 46 FR 59941, 3 … This executive order was titled United States Intelligence Activities. 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. Similarly, EO 12333 requires procedures to minimize how an agency collects, retains or disseminates U.S. person information. If you would like to not see this alert again, please click the "Do not show me this again" check box below. Executive Order 12333 Executive Order 12333 is the foundational authority by which NSA collects, retains, analyzes, and disseminates foreign signals intelligence information. Learn intelligence oversight with free interactive flashcards. Intelligence Oversight Program and Guidelines," January 19, 2017 IV. Person 1â in intelligence reporting to safeguard the personâs identity. 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. STATUS OF ATTORNEY GENERAL APPROVED U.S. EO 12333 is the current Intelligence Oversight executive order. 1-86-NARA-NARA or 1-866-272-6272. 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. 12333 (reference 1.b. Issued by President Ronald Reagan in 1981 to … That order, updated in 2008 by President George W. Bush, helps govern the activities of the intelligence community. 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 … Just before John Brennan ended his term as director of the CIA in 2017, his agency issued a new set of guidelines under Executive Order (EO) 12333, the general charter that governs the intelligence community.Entitled “Central Intelligence Agency Intelligence Activities: Procedures Approved by the Attorney General Pursuant to Executive Order 12333,” the guidelines received little attention. In the Aug. 14 issue of the New York Times, reporter Charles Savage describes whistleblower actions taken by former State Department employee John Napier Tye. In addition, Congress has the power to oversee, authorize and fund these activities. 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 The below definitions are drawn from ICPG 107.1 and EO 12333. 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.” EO Intelligence: 'CATL Research Report 2020' ... EqualOcean Intelligence is the research and consulting division of EqualOcean. The Department of Defense implemented and amplified that executive order in DoDM 5240.01, Procedures Governing the Conduct of DoD Intelligence Activities. The Intelligence Oversight System. Definitions Except where defined below, all terms are as defined in the OHS Lexicon. Executive Order 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. 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. Under EO 12333, intelligence agencies may collect, retain, and disseminate information about Americans âonly in accordance with procedures ⦠approved by the Attorney General ⦠after consultation with the Director [of National Intelligence].â Tye noted that he is not familiar with the details of these procedures, but nonetheless said that Americans should be troubled by âthe collection and storage of their communicationsâ under the executive order. The National Security Agencyâs procedures are reflected in documents such as United States Signals Intelligence Directive SP0018 (USSID 18), issued in 1993 and updated in 2011. 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 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. intelligence and counterintelligence by intelligence components. 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. These procedures generally provide that communications may not be retained for more than five years. C. Executive Order 12333, “United States Intelligence Activities,” as amended July 30, 2008. Choose from 41 different sets of intelligence oversight flashcards on Quizlet. But even when the government targets foreign nationals overseas in response to valid foreign intelligence requirements, it will inevitably collect some communications about Americans.