IP: USSID 18 - Procedures on NSA collection data on "U.S. persons"

[David Farber <dave () farber net>]

> Date: Thu, 11 Oct 2001 11:52:34 -0500
> From: John Lyon <jelyon () jelyon com>
> To: dave () farber net
> X-Mailer: Apple Mail (2.472)
>
> Out of curiosity I went hunting for info on the United States Signals 
> Intelligence Directives (USSIDs) I had to be aware of in a former line of work.
>
> Much to my surprise, USSID 18, which outlines procedures for the NSA's 
> collection of data on "U.S. persons" was declassified just over a year ago.
>
> I thought the document might be of interest to IPers, especially at this time.
>
> An introduction, and links to the archives can be found at:
>
>      http://cipherwar.com/news/00/nsa_surveillance.htm
>
> (From the site above:)
>
> In the aftermath of revelations in the 1970s about NSA interception of the 
> communications of anti-war and other political activists new procedures 
> were established governing the interception of communications involving 
> Americans. The version of USSID 18 currently in force was issued in July 
> 1993 and "prescribes policies and procedures and assigns responsibilities 
> to ensure that the missions and functions of the United States SIGINT 
> System (USSS) are conducted in a manner that safeguards the constitutional 
> rights of U.S. persons."
>
> (And a bit from USSID 18, itself - any errors in transcription are my fault:)
>
> SECTION 1 - PREFACE
>
> 1.1. (U) The Fourth Amendment ot the Unites States Constitution protects
> all U.S. persons anywhere in the world and all persons within the United
> States from unreasonable searches and seizures by any person or agency
> acting on behalf of the U.S. Government. The Supreme Court has ruled that
> the interception of electronic communications is a search and seizure
> within the meaning of the Fourth Amendment. It is therefore mandatory that
> signals intelligence (SIGINT) operations be conducted pursuant to
> procedures which meet the reasonableness requirements of the fourth
> amendment.
>
> 1.2. (U) In determining whether United States SIGING System (USSS)
> operations are "reasonable," it is necessary to balance the U.S.
> Government's need for foreign intelligence information and the privacy
> interests of persons protected by the Fourth Amendment. Striking that
> balance has consumed much time and effort by all branches of the United
> States Government. The results of that effort are reflected in the
> references listed in Section 2 below. Together, these references require
> the minimization of U.S. person information collected, processed, retained
> or disseminated by the USSS. The purpose of this document is to implement
> these minimization requirements.
>
> 1.3. (U) Several themes run throughout this USSID. The most important is
> that intelligence operation and the protection of constitutional rights are
> not incompatible. It is not necessary to deny legitimate foreign
> intelligence collection or suppress legitimate foreign intelligence
> information to protect the Fourth Amendment rights of U.S. Persons.
>
> 1.4. (U) Finally, these minimization procedures implement the
> constitutional principle of "reasonableness" by giving different categories
> of individuals and entities different levels of protection. These levels
> range from the stringent protection accorded U.S. citizens and permanent
> resident aliens in the United States to provisions relating to foreign
> diplomats in the U.S. These differences reflect yet another main theme of
> these procedures, that is, that the focus of all foreign intelligence
> operation is on foreign entities and persons.
> -------------------------------------------------------------------------
> JEL


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