New docs show how Reagan-era executive order unbounded NSA

Further Reading A set of newly declassified documents shows definitively and explicitly that the United States intelligence community relies heavily on what is effectively unchecked presidential authority to conduct surveillance operations, as manifested through the Reagan-era Executive Order (EO) 12333.

And at a more basic level, the new documentsillustrate that the government is adept at creating obscure legalistic definitions of plain language words, like "collection of information," which help obfuscate the publics understanding of the scope and scale of such a dragnet.

The documents were first published on Monday by the American Civil Liberties Union (ACLU) after the groupfiled aFreedom of Information Act lawsuit with the Media Freedom and Information Access Clinic at Yale Law School.

As Arsreported previously, "twelve triple three" is a presidential order that spells out the National Security Agencys authority to conduct signals intelligence, among other things. EO 12333 was amended three times under President George W.Bush. Famously, the NSAexpanded its domestic surveillance operation after the September 11 attacks without a direct order from the president, who later provided cover under EO 12333.

"These documents are a good first step to understanding how EO 12333 is being used," Mark Jaycox, a legislative analyst at the Electronic Frontier Foundation, told Ars. "We already know that it's used in a very similar manner to Section 702 of the Foreign Intelligence Surveillance Act, which is being used as part of collection techniques that collect wholly domestic (American) e-mail. We also know [EO 12333 is] used for the NSAs interception of Internet traffic between Google's and Yahoo!'s data centers abroad, the collection of millions of e-mail and instant message address books, the recording of the contents of every phone call made in at least two countries, and the mass cell phone location-tracking program. The NSAand the White Housemust release more material on EO 12333. The President has encouraged a public discussion on the NSA's signals intelligence activities. He must follow through with ensuring an open, and honest, debate on EO 12333 activities."

In a rare instance of clarity and precision, a "legal fact sheet" authored by the NSA and dated June 19, 2013 explains various elements of EO 12333.

FISA only regulates a subset of NSA's signals intelligence activities.

NSA conducts the majority of its SIGINT activities solely pursuant to the authority provided by Executive Order (EO) 12333.

Since 1981, EO 12333 has provided the President's authoritative written instruction for the organization and operation of the United States Intelligence Community (IC).

An internal training document for a course taught with the NSA entitled "Overview of Signals Intelligence (SIGINT) Authorities" notes that:

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New docs show how Reagan-era executive order unbounded NSA