The Office of the Director of National Intelligence (ODNI) has released its eighth annual Statistical Transparency Report Regarding the Intelligence Community Use of National Security Surveillance Authorities. The report provides summary statistics and contextual information explaining how the Intelligence Community (IC) uses the Foreign Intelligence Surveillance Act of 1978 (FISA). As the document explains, “FISA is divided into Titles, each containing sections, which specify the means, requirements, and limitations on the collection of foreign intelligence information.”
Following the Introduction, the report is broken into the following seven sections, which each contain relevant background information and statistics for Calendar Years 2018-2020.
- FISA Probable Cause Authorities, covering FISA Title I, Title III, and Title VII Sections 703 and 704
- FISA Section 702, pertaining to the Title VII Section “which permits the Attorney General and the DNI to jointly authorize the targeting of (i) non-U.S. persons (ii) who are reasonably believed to be located outside the United States (iii) to acquire foreign intelligence information.”
- IC Dissemination of U.S. Person Information, relating to Intelligence Community Policy Guidance (ICPG) 107.1 Requests for Identities of U.S. Persons in Disseminated Intelligence Reports
- FISA Criminal Use and Notice Provisions, covering FISA Sections 106 and 305
- FISA Title IV – Use of Pen Register and Trap and Trace (PR/TT) Devices
- FISA Title V – Business Records
- National Security Letters (NSLs), not authorized by FISA but issued by the FBI for specific records related to national security investigations
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Author: Emily Christian