The further declassified document offers a more detailed look at how the U.S. government compels electronic communication service providers to assist in intelligence gathering. Section 702 operates as an exception to the Foreign Intelligence Surveillance Act (FISA), enabling the acquisition of foreign intelligence information without the traditional individual court orders required by FISA for each target.

A significant aspect of the document is its detailed explanation of the targeting and certification process. It outlines how the Director of National Intelligence (DNI) and the Attorney General issue certifications and directives, requiring service providers’ assistance, with the NSA Director’s support.

Another critical area covered is the minimization procedures, which focus on the handling of information about U.S. persons, detailing steps to protect their privacy and limit the retention and dissemination of such information. This part of the document underscores the efforts to balance national security needs with individual privacy rights.

Moreover, the document discusses oversight and compliance, detailing the roles of various bodies like the NSA’s Office of Oversight and Compliance and the Department of Justice, in ensuring adherence to the procedures.

The release of this document marks an essential step toward transparency, allowing for a more informed public discourse about U.S. surveillance practices. It provides a rare glimpse into the procedural and legal mechanisms the U.S. government employs to safeguard privacy while collecting foreign intelligence, highlighting the complex balance between national security interests and individual rights.

The earlier versions of this document, with substantial redactions, limited public insight into these surveillance practices. This updated, less redacted version, although still containing some redactions, offers a more comprehensive view, reflecting successful efforts to lift some of the previous redactions. This development is crucial for those advocating for greater transparency and accountability in government surveillance activities. (Note: The Black Vault recognizes that a leaked, unredacted, version is floating around on some websites. However, The Black Vault continues the efforts to get records declassified through legal means and not profile leaked classified information.)

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Document Archive

Further Declassified “FISA Amendments Act Section 702 Summary” Sheds Light on U.S. Surveillance Procedures [20 Pages, 4MB]

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The post Further Declassified “FISA Amendments Act Section 702 Summary” Sheds Light on U.S. Surveillance Procedures first appeared on The Black Vault.

Published every year since 2014, the ASTR provides the public with statistics and contextual information regarding the scope of the government’s use of FISA authorities, National Security Letters, and other national security authorities. In conjunction with other publicly released material, this report adds insight into the rigorous and multi-layered oversight framework governing the IC that is designed to protect the privacy and civil liberties of persons whose information is acquired pursuant to these national security authorities.

Document Archive

Annual Statistical Transparency Report Regarding the Intelligence Community’s Use of National Security Surveillance Authorities, 2021 [38 Pages, 1.2MB]

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The post Annual Statistical Transparency Report Regarding the Intelligence Community’s Use of National Security Surveillance Authorities for 2021, Published April 2022 first appeared on The Black Vault.

It was received by The Black Vault from the NSA, through MDR case 103586.

Document Archive

Final Report of the Audit on the FISA Amendments Act §702 Detasking Requirements, 24 November 2010, AU-10-0023 [57 Pages, 21MB]

The post Final Report of the Audit on the FISA Amendments Act §702 Detasking Requirements, 24 November 2010, AU-10-0023 first appeared on The Black Vault.

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WASHINGTON – Today, as part of the Senate Judiciary Committee’s ongoing investigation into the Crossfire Hurricane investigation and related FISA abuses, Chairman Lindsey Graham (R- South Carolina) released two recently declassified documents that significantly undercut the reliability of the Steele dossier and the accuracy and reliability of many of the factual assertions in the Carter Page FISA applications.

“I’m very pleased the investigation in the Senate Judiciary Committee has been able to secure the declassification of these important documents,” said Chairman Graham. “I want to thank Attorney General Barr for releasing these documents and allowing the American People to judge for themselves.

“What have we learned from the release of these two documents by the Department of Justice? Number one, it is clear to me that the memo regarding the FBI interview of the primary sub-source in January 2017 should have required the system to stop and reevaluate the case against Mr. Page.

“Most importantly after this interview of the sub-source and the subsequent memo detailing the contents of the interview, it was a miscarriage of justice for the FBI and the Department of Justice to continue to seek a FISA warrant against Carter Page in April and June of 2017.

“The dossier was a critical document to justify a FISA warrant against Mr. Page and this DOJ memo clearly indicates that the reliability of the dossier was completely destroyed after the interview with the primary sub-source in January 2017. Those who knew or should have known of this development and continued to pursue a FISA warrant against Mr. Page anyway are in deep legal jeopardy in my view.

“Secondly, the comments of Peter Strzok regarding the February 14 New York Times article are devastating in that they are an admission that there was no reliable evidence that anyone from the Trump Campaign was working with Russian Intelligence Agencies in any form.

“The statements by Mr. Strzok question the entire premise of the FBI’s investigation of the Trump Campaign and make it even more outrageous that the Mueller team continued this investigation for almost two and a half years. Moreover, the statements by Strzok raise troubling questions as to whether the FBI was impermissibly unmasking and analyzing intelligence gathered on U.S. persons.

“These documents, which I have long sought, tell a damning story for anyone who’s interested in trying to find the truth behind the corrupt nature of the FBI’s investigation into the Trump campaign in 2016 and beyond.”

The first document is a 57-page summary [59 Pages, 17MB] of a three-day interview the FBI conducted with Christopher Steele’s so-called “Primary Sub-source” in January of 2017.

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• This document not only demonstrates how unsubstantiated and unreliable the Steele dossier was, it shows that the FBI was on notice of the dossier’s credibility problems and sought two more FISA application renewals after gaining this awareness.

• The document reveals that the primary “source” of Steele’s election reporting was not some well-connected current or former Russian official, but a non-Russian based contract employee of Christopher Steele’s firm. Moreover, it demonstrates that the information that Steele’s primary source provided him was second and third-hand information and rumor at best.

• Critically, the document shows that Steele’s “Primary Sub-source” disagreed with and was surprised by how information he gave Steele was then conveyed by Steele in the Steele dossier. For instance, the “Primary Sub-source”: did not recall or did not know where some of the information attributed to him or his sources came from; was never told about or never mentioned to Steele certain information attributed to him or his sources; he said that Steele re-characterized some of the information to make it more substantiated and less attenuated than it really was; that he would have described his sources differently; and, that Steele implied direct access to information where the access to information was indirect.

• In total, this document demonstrates that information from the Steele dossier, which “played a central and essential role” in the FISA warrants on Carter Page, should never have been presented to the FISA court.

The second document contains Peter Strzok’s type-written comments [5 Pages, 2MB] disagreeing with assertions made in a New York Times article about alleged Russian intelligence ties to the Trump campaign.

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• The document demonstrates that Peter Strzok and others in FBI leadership positions must have been aware of the issues with the Steele dossier that the FBI’s interview with Steele’s “Primary Sub-source” revealed, because Strzok commented that “[r]ecent interviews and investigation, however, reveal Steele may not be in a position to judge the reliability of his sub-source network.”

• The document further shows that the FBI’s assertion to the FISA court that “the FBI believes that Russia’s efforts to influence U.S. policy were likely being coordinated between the RIS [Russian Intelligence Services] and Page, and possibly others” appears to be a misrepresentation. This is because, in his comments on the Times article, Strzok asserts that “[w]e have not seen evidence of any individuals affiliated with the Trump team in contact with IOs [Intelligence Officials]. . . . We are unaware of ANY Trump advisors engaging in conversations with Russian intelligence officials.”

• The document also indicates that the FBI may have been using foreign intelligence gathering techniques to impermissibly unmask and analyze existing and future intelligence collection regarding U.S. persons associated with the Trump campaign: “Both the CIA and NSA are aware of our subjects and throughout the summer we provided them names and selectors for queries of their holdings as well as prospective collection.” The quote does not provide enough information to fully understand exactly what the FBI was doing but impermissible unmasking and analysis of existing and future incidental intelligence collection of U.S. persons would be troubling.

• The document also raises questions as to whether the FBI was properly using intelligence techniques and databases “throughout the summer” considering that the earliest formal investigation of a U.S. person associated with the Trump campaign was not officially opened until July 31, 2016.

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The post Judiciary Committee Releases Declassified Documents that Substantially Undercut Steele Dossier, Page FISA Warrants first appeared on The Black Vault.

The Department of Justice (Department) Office of the Inspector General (OIG) undertook this review to examine certain actions by the Federal Bureau of Investigation (FBI) and the Department during an FBI investigation opened on July 31, 2016, known as “Crossfire Hurricane,” into whether individuals associated with the Donald J. Trump for President Campaign were coordinating, wittingly or unwittingly, with the Russian government’s efforts to interfere in the 2016 U.S. presidential election.

Document Archive

Department of Justice Inspector General Report on FISA Applications and Other Aspects of the FBI’s Crossfire Hurricane Investigation, December 2019  – REVISED – [480 Pages, 33MB] I stumbled on a “revised” version of the report a few days after it was released. You will find the “revised” changes on page 3 of this .pdf, and the original is archived below.

Department of Justice Inspector General Report on FISA Applications and Other Aspects of the FBI’s Crossfire Hurricane Investigation, December 2019  [476 Pages, 33MB]

The post Department of Justice Inspector General Report on FISA Applications and Other Aspects of the FBI’s Crossfire Hurricane Investigation, December 2019 first appeared on The Black Vault.

This memorandum provides Members an update on significant facts relating to the Committee’s ongoing investigation into the Department of Justice (DOJ) and Federal Bureau of Investigation (FBI) and their use of the Foreign Intelligence Surveillance Act (FISA) during the 2016 presidential election cycle. Our findings, which are detailed below 1) raise concerns with the legitimacy and legality of certain DOJ and FBI interactions with the Foreign Intelligence Surveillance  Court (FISC), and 2) represent a troubling breakdown of legal processes established to protect the American people from abuses related to the FISA process.

The Declassified Memo

 The FISA Memo: Foreign Intelligence Surveillance Act Abuses at the Department of Justice and the Federal Bureau of Investigation [6 Pages, 1MB]

The post The FISA Memo: Foreign Intelligence Surveillance Act Abuses at the Department of Justice and the Federal Bureau of Investigation first appeared on The Black Vault.