![]() Further, as noted above, during the FISC’s review of the sensitive technique, the Government amended the 2021 Certifications to make additional modifications to NSA’s Section 702 targeting and minimization procedures to address issues raised by the FISC and the amicus curiae regarding this technique. In doing so, the FISC specifically considered the form of the acquisition and whether the intelligence information could be obtained from or with the assistance of an electronic communication service provider, as required by the FISA statute. We further note that the FISC only approved this highly sensitive technique after considering arguments presented by an amicus curiae and reviewing the classified details of the proposed activity. Nonetheless, in order to make information from the Memorandum Opinion and Order publicly available to the greatest extent practicable, and pursuant to section 3.1(d) of Executive Order 13526 with this statement the DNI is declassifying that NSA was authorized to apply a sensitive technique on overseas targets in a manner that is reasonably expected to result in no incidental collection of U.S. Specifically, the information that has been redacted reveals the implementation details of this highly sensitive technique, as well as the specific target(s) against whom NSA intends to apply this technique. § 1872, the Director of National Intelligence (DNI), in consultation with the Attorney General, determined based on an IC coordinated assessment regarding the implication of disclosing the details of this highly sensitive technique that the FISC’s analysis of NSA’s requested authorization to use this highly sensitive technique-the majority of which begins on page 81 of the opinion-must remain classified to protect sources and methods. ![]() ![]() In conducting the review required by 50 U.S.C. One focus of the 2021 Cert Opinion was the FISC’s analysis of the NSA’s requested authorization to use a highly sensitive technique pursuant to Section 702. On 18 March 2022, the Government submitted amendments to the 2021 Certifications to address the sensitive technique. Specifically, the FISC issued its first extension to review the 2021 Certifications on 28 October 2021, in order to allow the Government time to submit additional information concerning FBI query violations, and it issued its second extension to review the 2021 Certifications on 7 February 2022, in order to allow for further submissions from the amicus curiae and the Government regarding a sensitive technique described below, and from the Government concerning FBI query matters. In the intervening period, the FISC twice extended its review of the 2021 Certifications “as necessary for good cause in a manner consistent with national security,” 50 U.S.C §1881a(k)(2), thereby enabling the 2020 Certifications to remain in effect for an additional several months. The FISC issued the above-referenced Memorandum Opinion and Order approving the 2021 Certifications on 21 April 2022. The Government submitted those documents, as well as supporting affidavits from the Directors of the National Security Agency (NSA), Federal Bureau of Investigation (FBI), Central Intelligence Agency (CIA), and National Counterterrorism Center (NCTC) in October 2021, before they were set to expire on 18 November 2021. Under FISA Section 702, the Government must submit to the FISC certifications and targeting, minimization, and querying procedures on an annual basis. We are also releasing the associated targeting, minimization, and querying procedures approved by the FISC (linked below). ![]() The first decision being made publicly available in redacted form is a 21 April 2022 Memorandum Opinion and Order, which addresses the Government’s 2021 Certifications under Section 702 of the FISA. § 1872 of the Foreign Intelligence Surveillance Act (FISA), the Office of the Director National Intelligence (ODNI), in consultation with the Department of Justice (DOJ), is making publicly available, with significant redactions to protect sources and methods, two Foreign Intelligence Surveillance Court (FISC) decisions that include “significant construction or interpretation of any provision of law.” We discuss each decision below.įBI’s 2021 FISA § 702 Targeting Procedures Release of Documents Related to the 2021 FISA Section 702 Certification and Title III Physical Search Opinions
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