http://sputniknews.com/military/20150205/1017793059.html <
http://sputniknews.com/military/20150205/1017793059.html







New NSA Guidelines Allow the Use of Intercepted Info Against US Citizens



The report  <http://icontherecord.tumblr.com/ppd-28/2015/overviewoutlines
some reforms that have been implemented and others proposed since Edward
Snowden’s revelations about NSA spying jump-started a worldwide debate
about the US government’s intelligence operations. The catalog of
surveillance policy modifications was released to mark the one-year
anniversary of President Obama’s 2014 speech calling for surveillance
reform.



Among those guidelines is a provision specifying how information collected
under Section 702 of the Foreign Surveillance Intelligence Act (FISA) can
be used. As the name suggests, this intelligence gathering operation is
directed at foreign intelligence targets, and cannot, by law, be used to
intentionally target a US citizen.

However, there have been “legitimate questions” about “incidental
collection,” explained Robert Litt, the General Counsel for the Office of
the Director of National Intelligence, speaking at the Brookings Institute
on Wednesday.



“We are inevitably going to collect the communications of some US persons
either because they’re talking to our foreign targets or in some limited
circumstances because we cannot technically separate the communications
we’re looking for from others”, Litt explained.



"I don’t know that there’s any case in which information actually collected
under Section 702 has been used [against a US citizen]," said Robert Litt,
General Counsel for the Office of the Director of National Intelligence.



While all the bodies that might access such information — like the CIA or
the FBI — will develop different procedures tailored to their agencies,
Litt said that “all of the procedures will ensure that information about US
persons incidentally collected pursuant to section 702 is only made
available to analysts and agents when it’s appropriate.”



“Appropriate” could still mean in a court case involving a US person,
however, if the case is “related to national security or for certain other
enumerated serious crimes, and only when the Attorney General approves, ”
Litt explained.



Those “serious crimes” include “crimes involving death, kidnapping,
substantial bodily harm, conduct that is a specified offense against a
minor (as defined in a particular statute) incapacitation or destruction of
critical infrastructure, or the legitimate privacy interests of other
persons around the world.”



Past Intel Use Unclear



This statement raised questions among reporters as to what the policy had
been before these reforms and to what extent information ostensibly aimed
at foreign targets had actually been used against US citizens.



Litt explained that there had previously been a strong incentive to not
introduce such “incidental” intelligence, since it would mean disclosing
operations the US wasn’t publicly discussing in the past.



“If you use the intelligence information in a criminal case you have to
expose the capability, you have to litigate it, ” said Litt, adding that he
couldn’t name any such case.



“There have been very very few cases in which — I don’t know that there’s
any case in which information actually collected under Section 702 has been
used. And I think there have not even been that many cases in which
information derived from collection under 702 has been used.”



While these reform guidelines are meant to restrict intelligence gathering,
in this instance, it may do the opposite.



“What this does ensure is that, going forward — now that the 702 program is
public — is that some of those constraints would be lessened,” said Litt,
repeating that “We’re only going to use it in the most serious kind of
cases.”



This provision is one of three pertaining to incidental collection under
Section 702 <
http://icontherecord.tumblr.com/ppd-28/2015/privacy-civil-liberties#section-702.
The other two outline new, stricter procedures for querying the
information, and requirements to delete information on US person that has
been found to lack foreign intelligence value.






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