President Obama Announces Steps to Address Concerns About NSA Surveillance

Today, President Obama outlined steps his administration would take to address the controversial debate taking place concerning NSA surveillance activities disclosed by Edward Snowden. The New York Times reports that:

Mr. Obama announced the creation of a high-level task force of outside intelligence and civil liberties specialists to advise the government about how to balance security and privacy as computer technology makes it possible to gather ever more information about people’s private lives.

The president also threw his administration’s support behind a proposal to change the procedures of the secret court that approves electronic spying under the Foreign Intelligence Surveillance Act in order to make its deliberations more adversarial. The court, created in 1978, was initially envisioned to carry out a limited role of reviewing whether there was sufficient evidence to wiretap someone as a suspected foreign terrorist or spy.
. . .
The Obama administration is also planning to release a previously classified legal analysis explaining why the government believes it is lawful under a provision of the Patriot Act known as Section 215 for the N.S.A. to collect and store logs of every phone call dialed or received in the United States.

At the same time, the N.S.A. was expected to release a paper outlining its role and authorities, officials said. The six- to seven-page document was described as setting up a “foundation” to help people understand the legal framework for its activities. Next week, the agency will open a Web site designed to explain itself better to the public amid Mr. Snowden’s disclosures.

The “previously classified legal analysis” on the government’s interpretation of Section 215 is available now in a document entitled: Administration White Paper: Bulk Collection of Telephony Metadata Under Section 215 of the USA PATRIOT Act (August 9, 2013).

For the argument that the bulk telephony metadata program does not satisfy the requirements of Section 215, see this amicus brief filed with the US Supreme Court today by a group of professors expert in information privacy and surveillance law, a group that includes me. This amicus brief supports the petition filed in July with the Supreme Court by the Electronic Privacy Information Center against the bulk telephony metadata program.

Related to the President’s announcement, the NSA released a document today entitled The National Security Agency: Mission, Authorities, Oversight and Partnerships (August 9, 2013), which, among other things, describes NSA’s authorities to collect intelligence under Executive Order 12333 and the Foreign Intelligence Surveillance Act, including Section 702 of that Act (the legal basis for the PRISM program targeting non-US persons located outside the US).

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