Full text of Obama's intelligence directive regarding NSA reforms

Here is the official presidential directive and a fact sheet on the details of the new policy

Page 2 of 4

International engagement
To support our work, the president has directed changes to how our government is organized. The State Department will designate a senior officer to coordinate our diplomacy on issues related to technology and signals intelligence. The administration will appoint a senior official at the White House to implement the new privacy safeguards that we have announced today. And the president has also asked his counselor, John Podesta, to lead a review of big data and privacy. This group will consist of government officials who -- along with the president's Council of Advisors on Science and Technology -- will reach out to privacy experts, technologists, and business leaders, and look at how the challenges inherent in big data are being confronted by both the public and private sectors, whether we can forge international norms on how to manage this data, and how we can continue to promote the free flow of information in ways that are consistent with both privacy and security.

The president also announced that we will devote resources to centralize and improve the process we use to handle foreign requests for legal assistance, called the Mutual Legal Assistance Treaty (MLAT) process. Under MLAT, foreign partners can request access to information stored in the United States pursuant to U.S. law. As the concentration of U.S.-based cloud storage providers has increased, so has the number of MLAT requests. To address this increase, we will speed up and centralize MLAT processing, we will implement new technology to increase the efficiency and transparency of the process, and we will increase our international outreach and training to help ensure that requests meet U.S. legal standards. We will put the necessary resources in place to reduce our response time by half by the end of 2015, and we will work aggressively to respond to legally sufficient requests in a matter of weeks. This change will ensure that our foreign partners can more effectively use information held in the U.S. to prosecute terrorists and other criminals, while still meeting the strict privacy protections put in place by U.S. law.

In addition to the initiatives that were announced by the president, the administration's review affirmed our commitment to ongoing initiatives:

Consumer privacy codes of conduct
Two years ago, the president released a Blueprint for Consumer Privacy in the Digital Age as a "dynamic model of how to offer strong privacy protection and enable ongoing innovation in new information technologies." Following the release of the blueprint, the administration has convened the private sector, privacy experts, and consumer advocates to develop voluntary codes of conduct to safeguard sensitive consumer data. Last summer a multistakeholder group completed the first such code on how mobile apps should access private information. The Department of Commerce is continuing this multistakeholder process, aiming to launch the development of new codes of conduct in 2014.

Commitment to an open Internet
Maintaining an open, accessible Internet, including the ability to transmit data across borders freely is essential for global growth and development. We will redouble our commitment to promote the free flow of information around the world through an inclusive approach to Internet governance and policymaking. Individuals in the 21st century depend on free and unfettered access to data flows without arbitrary government regulation. Businesses depend increasingly on agreed data-sharing regimes that allow information to move seamlessly across borders in support of global business operations. Developing countries and small businesses around the world in particular have a lot at stake, and much to lose from limitations restricting the Internet as an engine of prosperity and expression. Requirements to store data or locate hardware in a given location hurt competition, stifle innovation, and diminish economic growth. And they undermine the DNA of the Internet, which by design is a globally distributed network of networks. We will continue to support the multistakeholder, inclusive approach to the Internet and work to strengthen and make more inclusive its policy-making, standards-setting, and governance organizations.

Presidential Policy Directive/PPD-28Subject: Signals Intelligence Activities

The United States, like other nations, has gathered intelligence throughout its history to ensure that national security and foreign policy decisionmakers have access to timely, accurate, and insightful information.

The collection of signals intelligence is necessary for the United States to advance its national security and foreign policy interests and to protect its citizens and the citizens of its allies and partners from harm. At the same time, signals intelligence activities and the possibility that such activities may be improperly disclosed to the public pose multiple risks. These include risks to our relationships with other nations, including the cooperation we receive from other nations on law enforcement, counterterrorism, and other issues; our commercial, economic, and financial interests, including a potential loss of international trust in U.S. firms and the decreased willingness of other nations to participate in international data sharing, privacy, and regulatory regimes; the credibility of our commitment to an open, interoperable, and secure global Internet; and the protection of intelligence sources and methods.

In addition, our signals intelligence activities must take into account that all persons should be treated with dignity and respect, regardless of their nationality or wherever they might reside, and that all persons have legitimate privacy interests in the handling of their personal information.

In determining why, whether, when, and how the United States conducts signals intelligence activities, we must weigh all of these considerations in a context in which information and communications technologies are constantly changing. The evolution of technology has created a world where communications important to our national security and the communications all of us make as part of our daily lives are transmitted through the same channels. This presents new and diverse opportunities for, and challenges with respect to, the collection of intelligence and especially signals intelligence. The United States intelligence community (IC) has achieved remarkable success in developing enhanced capabilities to perform its signals intelligence mission in this rapidly changing world, and these enhanced capabilities are a major reason we have been able to adapt to a dynamic and challenging security environment.[1]

[1]For the purposes of this directive, the terms "intelligence community" and "elements of the intelligence community" shall have the same meaning as they do in Executive Order 12333 of December 4, 1981, as amended (Executive Order 12333).

United States must preserve and continue to develop a robust and technologically advanced signals intelligence capability to protect our security and that of our partners and allies. Our signals intelligence capabilities must also be agile enough to enable us to focus on fleeting opportunities or emerging crises and to address not only the issues of today, but also the issues of tomorrow, which we may not be able to foresee.

Advanced technologies can increase risks, as well as opportunities, however, and we must consider these risks when deploying our signals intelligence capabilities. The IC conducts signals intelligence activities with care and precision to ensure that its collection, retention, use, and dissemination of signals intelligence account for these risks. In light of the evolving technological and geopolitical environment, we must continue to ensure that our signals intelligence policies and practices appropriately take into account our alliances and other partnerships; the leadership role that the United States plays in upholding democratic principles and universal human rights; the increased globalization of trade, investment, and information flows; our commitment to an open, interoperable and secure global Internet; and the legitimate privacy and civil liberties concerns of U.S. citizens and citizens of other nations.

Presidents have long directed the acquisition of foreign intelligence and counterintelligence[2] pursuant to their constitutional authority to conduct U.S. foreign relations and to fulfill their constitutional responsibilities as commander in chief and chief executive. They have also provided direction on the conduct of intelligence activities in furtherance of these authorities and responsibilities, as well as in execution of laws enacted by the Congress. Consistent with this historical practice, this directive articulates principles to guide why, whether, when, and how the United States conducts signals intelligence activities for authorized foreign intelligence and counterintelligence purposes.[3]

Section 1. Principles Governing the Collection of Signals Intelligence.

Signals intelligence collection shall be authorized and conducted consistent with the following principles:

(a) The collection of signals intelligence shall be authorized by statute or executive order, proclamation, or other presidential directive, and undertaken in

[2] For the purposes of this directive, the terms "foreign intelligence" and "counterintelligence" shall have the same meaning as they have in Executive Order 12333. Thus, "foreign intelligence" means "information relating to the capabilities, intentions, or activities of foreign governments or elements thereof, foreign organizations, foreign persons, or international terrorists," and "counterintelligence" means "information gathered and activities conducted to identify, deceive, exploit, disrupt, or protect against espionage, other intelligence activities, sabotage, or assassinations conducted for or on behalf of foreign powers, organizations, or persons, or their agents, or international terrorist organizations or activities." Executive Order 12333 further notes that "[i]ntelligence includes foreign intelligence and counterintelligence."

[3] Unless otherwise specified, this directive shall apply to signals intelligence activities conducted in order to collect communications or information about communications, except that it shall not apply to signals intelligence activities undertaken to test or develop signals intelligence capabilities. accordance with the Constitution and applicable statutes, executive orders, proclamations, and presidential directives.

(b) Privacy and civil liberties shall be integral considerations in the planning of U.S. signals intelligence activities. The United States shall not collect signals intelligence for the purpose of suppressing or burdening criticism or dissent, or for disadvantaging persons based on their ethnicity, race, gender, sexual orientation, or religion. Signals intelligence shall be collected exclusively where there is a foreign intelligence or counterintelligence purpose to support national and departmental missions and not for any other purposes.

(c) The collection of foreign private commercial information or trade secrets is authorized only to protect the national security of the United States or its partners and allies. It is not an authorized foreign intelligence or counterintelligence purpose to collect such information to afford a competitive advantage[4] to U.S. companies and U.S. business sectors commercially.

(d) Signals intelligence activities shall be as tailored as feasible. In determining whether to collect signals intelligence, the United States shall consider the availability of other information, including from diplomatic and public sources. Such appropriate and feasible alternatives to signals intelligence should be prioritized.

Sec. 2. Limitations on the Use of Signals Intelligence Collected in Bulk.

Locating new or emerging threats and other vital national security information is difficult, as such information is often hidden within the large and complex system of modern global communications. The United States must consequently collect signals intelligence in bulk in certain circumstances in order to identify these threats. Routine communications and communications of national security interest increasingly transit the same networks, however, and the collection of signals intelligence in bulk may consequently result in the collection of information about persons whose activities are not of foreign intelligence or counterintelligence value. The United States will therefore impose new limits on its use of signals intelligence collected in bulk. These limits are intended to protect the privacy and civil liberties of all persons, whatever their nationality and regardless of where they might reside.

In particular, when the United States collects nonpublicly available signals intelligence in bulk, it shall use that data

[4] Certain economic purposes, such as identifying trade or sanctions violations or government influence or direction, shall not constitute competitive advantage.

Related:
| 1 2 3 4 Page 2
From CIO: 8 Free Online Courses to Grow Your Tech Skills
Notice to our Readers
We're now using social media to take your comments and feedback. Learn more about this here.