NSA Report

Richard A. Clarke served as a national security official under presidents Bill Clinton and George W. Bush. Michael J. Morell is a former deputy director of the Central Intelligence Agency. Geoffrey R. Stone is the Edward H. Levi Distinguished Service Professor of Law at the University of Chicago Law School. Cass R. Sunstein is the Robert Walmsley University Professor at Harvard University. Peter Swire is the Nancy J. and Lawrence P. Huang Professor in the Scheller College of Business at the Georgia Institute of Technology.

• Preface xi Executive Summary xv Recommendations xxv Chapter 1 | Principles 1 Chapter 2 | Lessons of History 10 Chapter 3 | Reforming Foreign Intelligence Surveillance Directed at United States Persons 34 Chapter 4 | Reforming Foreign Intelligence Surveillance Directed at Non- United States Persons 81 Chapter 5 | Determining What Intelligence Should Be Collected and How 112 Chapter 6 | Organizational Reform in Light of Changing Communications Technology 125 Chapter 7 | Global Communications Technology: Promoting Prosperity, Security, and Openness in a Networked World 154 Chapter 8 | Protecting What We Do Collect 176 Conclusion 199 Appendix A | The Legal Standards for Government Access to Communications 201 Appendix B | Overview of NSA Privacy Protections Under FAA 702; Overview of NSA Privacy Protections Under EO 12333 205 Appendix C | US Intelligence: Multiple Layers of Rules and Oversight 207 Appendix D | Avenues for Whistle-blowers in the Intelligence Community 208 Appendix E | US Government Role in Current Encryption Standards 209 Appendix F | Review Group Briefings and Meetings 213 Appendix G | Glossary 216 Index 227

"A remarkably thorough and well-reasoned report calling on the government to end its bulk phone-data collection program and to increase both the transparency and accountability of surveillance programs."--New York Times "[The] recommendations take aim at some of the most controversial practices of the intelligence community."--Washington Post "Within the 300-page report are 46 recommendations that would dramatically curtail the National Security Agency's surveillance powers. While the proposals are specific and varied, they all echo one theme: The government's reach can no longer be limited by technological capacity alone. It must be reined in with laws and institutional reform."--Atlantic "The report is a brilliantly readable guide to the world [Edward] Snowden revealed; its clarity of analysis, proceeding from fundamental principles, impeccable... Governments around the world would do well to reflect on the principles that underpin The NSA Report and relate them to their own intelligence-gathering activities."--Kieron O'Hara and Nigel Shadbolt, Science "The Review Board's recommendations on protecting the civil liberties of non-US persons--a relatively new aspect of the policy discussion--are incredibly welcome."--Jennifer Granick, Stanford Center for Internet and Society blog "Fascinating insight ... into how the nation's data-mining apparatus works--and how it's supposed to work."--Kirkus Reviews