Intelligence Surveillance & Privacy

DOJ Releases 38 Redacted Documents Regarding NSA's Email Metadata Collection

Tara Hofbauer
Monday, August 11, 2014, 10:40 PM
New on the DNI's Tumblr site, IC on the Record: on August 6, and in response to a FOIA request, the Department of Justice released a slew of newly declassified, redacted documents related to the National Security Agency (NSA)'s bulk collection of electronic communications metadata.

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New on the DNI's Tumblr site, IC on the Record: on August 6, and in response to a FOIA request, the Department of Justice released a slew of newly declassified, redacted documents related to the National Security Agency (NSA)'s bulk collection of electronic communications metadata.  Such collection, though now discontinued, was conducted pursuant to  Section 402 of the Foreign Intelligence Surveillance Act---the "PRTT" (Pen Register or Trap and Trace) provision. According to IC on the Record, the documents illustrate "the extent to which the IC sought and received FISC approval to collect electronic communications metadata under the PRTT provision, the oversight regime of internal checks over the program, and that Congress was kept fully apprised of the status of NSA's electronic metadata collection." Here are the documents organized according to oversight body (one link was dead at the DNI's Tumblr site, and therefore is omitted below):  Judicial Oversight FISC Opinion and Order FISC Primary Order FISC Primary Order FISC Order and Supplemental Order FISC Supplemental Order FISC Primary Order FISC Memorandum Opinion Granting in Part and Denying in Part Application to Reinitiate, in Expanded Form, Pen Register/Trap and Trace Authorization Declaration of NSA Chief, Special FISA Oversight and Processing, Oversight and Compliance, Signals Intelligence Directorate, the National Security Agency Government's Response to the FISC's Supplemental Order Declaration of NSA Chief, Special FISA Oversight and Processing, Oversight and Compliance, Signals Intelligence Directorate, the National Security Agency Supplemental Declaration of Chief, Special FISA Oversight and Processing, Oversight and Compliance, Signals Intelligence Directorate, the National Security Agency Government's Response to the FISC's Supplemental Order Requesting a Corrective Declaration Government's Response to a FISC Order Declaration of Lieutenant General Keith B. Alexander, U.S. Army, Director, NSA, Concerning NSA's Compliance with a FISC Order Preliminary Notice of Potential Compliance Incident  Notice of Filing Government's Application for Use of Pen Register/Trap and Trace Devices for Foreign Intelligence Purposes Memorandum of Law and Fact in Support of Application for Pen Registers and Trap and Trace Devices for Foreign Intelligence Purposes Declaration of General Keith B. Alexander, U.S. Army, Director, NSA, in Support of Pen Register/Trap and Trace Application Exhibit D in Support of Pen Register/Trap and Trace Application First Letter in Response to FISC Questions Concerning NSA Bulk Metadata Collection Using Pen Register/Trap and Trace Devices Second Letter in Response to FISC Questions Concerning NSA Bulk Metadata Collection Using Pen Register/Trap and Trace Devices Third Letter in Response to FISC Questions Concerning NSA Bulk Metadata Collection Using Pen Register/Trap and Trace Devices Application for Pen Register/Trap and Trace Devices for Foreign Intelligence Purposes Memorandum of Law and Fact in Support of Application for Pen Registers and Trap and Trace Devices for Foreign Intelligence Purposes Declaration of General Michael V. Hayden, U.S. Air Force, Director, NSA, in Support of Pen Register/Trap and Trace Application Application for Use of Pen Register/Trap and Trace Devices for Foreign Intelligence Purposes Declaration of NSA Chief, Special FISA Oversight and Processing, Oversight and Compliance, Signals Intelligence Directorate Declaration of Lieutenant General Keith B, Alexander, U.S. Army, Director, NSA, Concerning NSA's Implementation of Authority to Collect Certain Metadata NSA's Pen Register Trap and Trace FISA Review Report DOJ Report to the FISC NSA's Program to Collect Metadata Government's First Letter to Judge Bates to Confirm Understanding of Issues Relating to the FISC'S Authorization to Collect Metadata Government's Second Letter to Judge Bates to Confirm Understanding of Issues Relating to the FISC's Authorization to Collect Metadata Tab 1 Declaration of NSA Chief, Special Oversight and Processing, Oversight and Compliance, Signals Intelligence Verified Memorandum of Law in Response to FISC Supplemental Order Memorandum of Law in Response to FISC Order Congressional Oversight Government's Motion to Unseal FISC Documents in Order to Brief Congressional Intelligence and Judiciary Committees Order Granting the Government's Motion to Unseal FISC Documents in Order to Brief Congressional Intelligence and Judiciary Committees April 27, 2005 Testimony of the Attorney General and Director, FBI Before the Senate Select Committee on Intelligence Internal Oversight NSA IG Memo Announcing its Audit of NSA's Control to Comply with the FISA Court's Order Regarding Pen Register/Trap and Trace Devices NSA IG Memo Suspending its Audit of NSA after the NSA's PRTT Metadata Program Expired

Tara Hofbauer previously was an intern with Lawfare. She is majoring in Philosophy, Politics, and Economics at the University of Pennsylvania, with a minor in Legal Studies and History.

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