Remarks of President Barack Obama
on National Security Agency surveillance reforms at the Department of
Justice.
At the dawn of our Republic, a small, secret surveillance committee borne
out of the The Sons of Liberty was established in Boston. The
groups members included Paul Revere, and at night they would patrol
the streets, reporting back any signs that the British were preparing raids
against Americas early Patriots.
Throughout American history, intelligence has helped secure our country and
our freedoms. In the Civil War, Union balloon reconnaissance tracked the
size of Confederate armies by counting the number of camp fires. In World
War II, code-breaking gave us insight into Japanese war plans, and when Patton
marched across Europe, intercepted communications helped save the lives of
his troops. After the war, the rise of the Iron Curtain and nuclear weapons
only increased the need for sustained intelligence-gathering. And so, in
the early days of the Cold War, President Truman created the National Security
Agency to give us insight into the Soviet bloc, and provide our leaders with
information they needed to confront aggression and avert
catastrophe.
Throughout this evolution, we benefited from both our Constitution and traditions
of limited government. U.S. intelligence agencies were anchored in our system
of checks and balances with oversight from elected leaders, and
protections for ordinary citizens. Meanwhile, totalitarian states like East
Germany offered a cautionary tale of what could happen when vast, unchecked
surveillance turned citizens into informers, and persecuted people for what
they said in the privacy of their own homes.
In fact even the United States proved not to be immune to the abuse of
surveillance. In the 1960s, government spied on civil rights leaders and
critics of the Vietnam War. Partly in response to these revelations, additional
laws were established in the 1970s to ensure that our intelligence capabilities
could not be misused against our citizens. In the long, twilight struggle
against Communism, we had been reminded that the very liberties that we sought
to preserve could not be sacrificed at the altar of national
security.
If the fall of the Soviet Union left America without a competing superpower,
emerging threats from terrorist groups, and the proliferation of weapons
of mass destruction placed new and, in some ways more complicated
demands on our intelligence agencies. Globalization and the Internet
made these threats more acute, as technology erased borders and empowered
individuals to project great violence, as well as great good. Moreover, these
new threats raised new legal and policy questions. For while few doubted
the legitimacy of spying on hostile states, our framework of laws was not
fully adapted to prevent terrorist attacks by individuals acting on their
own, or acting in small, ideologically driven groups rather than on behalf
of a foreign power.
The horror of September 11th brought these issues to the fore.
Across the political spectrum, Americans recognized that we had to adapt
to a world in which a bomb could be built in a basement, and our electric
grid could be shut down by operators an ocean away. We were shaken by the
signs we had missed leading up to the attacks how the hijackers had
made phone calls to known extremists, and travelled to suspicious places.
So we demanded that our intelligence community improve its capabilities,
and that law enforcement change practices to focus more on preventing attacks
before they happen than prosecuting terrorists after an attack.
It is hard to overstate the transformation Americas intelligence community
had to go through after 9/11. Our agencies suddenly needed to do far more
than the traditional mission of monitoring hostile powers and gathering
information for policymakers instead, they were asked to identify
and target plotters in some of the most remote parts of the world, and to
anticipate the actions of networks that, by their very nature, cannot be
easily penetrated with spies or informants.
And it is a testimony to the hard work and dedication of the men and women
in our intelligence community that over the past decade, we made enormous
strides in fulfilling this mission. Today, new capabilities allow intelligence
agencies to track who a terrorist is in contact with, and follow the trail
of his travel or funding. New laws allow information to be collected and
shared more quickly between federal agencies, and state and local law
enforcement. Relationships with foreign intelligence services have expanded,
and our capacity to repel cyber-attacks has been strengthened. Taken together,
these efforts have prevented multiple attacks and saved innocent lives
not just here in the United States, but around the globe as well.
And yet, in our rush to respond to very real and novel threats, the risks
of government overreach the possibility that we lose some of our core
liberties in pursuit of security became more pronounced. We saw, in
the immediate aftermath of 9/11, our government engaged in enhanced interrogation
techniques that contradicted our values. As a Senator, I was critical of
several practices, such as warrantless wiretaps. And all too often new
authorities were instituted without adequate public debate.
Through a combination of action by the courts, increased congressional oversight,
and adjustments by the previous Administration, some of the worst excesses
that emerged after 9/11 were curbed by the time I took office. But a variety
of factors have continued to complicate Americas efforts to both defend
our nation and uphold our civil liberties.
First, the same technological advances that allow U.S. intelligence agencies
to pin-point an al Qaeda cell in Yemen or an email between two terrorists
in the Sahel, also mean that many routine communications around the world
are within our reach. At a time when more and more of our lives are digital,
that prospect is disquieting for all of us.
Second, the combination of increased digital information and powerful
supercomputers offers intelligence agencies the possibility of sifting through
massive amounts of bulk data to identify patterns or pursue leads that may
thwart impending threats. But the government collection and storage of such
bulk data also creates a potential for abuse.
Third, the legal safeguards that restrict surveillance against U.S. persons
without a warrant do not apply to foreign persons overseas. This is not unique
to America; few, if any, spy agencies around the world constrain their activities
beyond their own borders. And the whole point of intelligence is to obtain
information that is not publicly available. But Americas capabilities
are unique. And the power of new technologies means that there
are fewer and fewer technical constraints on what we can do. That places
a special obligation on us to ask tough questions about what we should
do.
Finally, intelligence agencies cannot function without secrecy, which makes
their work less subject to public debate. Yet there is an inevitable bias
not only within the intelligence community, but among all who are responsible
for national security, to collect more information about the world, not less.
So in the absence of institutional requirements for regular debate
and oversight that is public, as well as private the danger of government
overreach becomes more acute. This is particularly true when surveillance
technology and our reliance on digital information is evolving much faster
than our laws.
For all these reasons, I maintained a healthy skepticism toward our surveillance
programs after I became President. I ordered that our programs be reviewed
by my national security team and our lawyers, and in some cases I ordered
changes in how we did business. We increased oversight and auditing, including
new structures aimed at compliance. Improved rules were proposed by the
government and approved by the Foreign Intelligence Surveillance Court. And
we sought to keep Congress continually updated on these
activities.
What I did not do is stop these programs wholesale not only because
I felt that they made us more secure; but also because nothing in that initial
review, and nothing that I have learned since, indicated that our intelligence
community has sought to violate the law or is cavalier about the civil liberties
of their fellow citizens.
To the contrary, in an extraordinarily difficult job, one in which actions
are second-guessed, success is unreported, and failure can be catastrophic,
the men and women of the intelligence community, including the NSA, consistently
follow protocols designed to protect the privacy of ordinary people. They
are not abusing authorities in order to listen to your private phone calls,
or read your emails. When mistakes are made which is inevitable in
any large and complicated human enterprise they correct those mistakes.
Laboring in obscurity, often unable to discuss their work even with family
and friends, they know that if another 9/11 or massive cyber-attack occurs,
they will be asked, by Congress and the media, why they failed to connect
the dots. What sustains those who work at NSA through all these pressures
is the knowledge that their professionalism and dedication play a central
role in the defense of our nation.
To say that our intelligence community follows the law, and is staffed by
patriots, is not to suggest that I, or others in my Administration, felt
complacent about the potential impact of these programs. Those of us who
hold office in America have a responsibility to our Constitution, and while
I was confident in the integrity of those in our intelligence community,
it was clear to me in observing our intelligence operations on a regular
basis that changes in our technological capabilities were raising new questions
about the privacy safeguards currently in place. Moreover, after an extended
review of our use of drones in the fight against terrorist networks, I believed
a fresh examination of our surveillance programs was a necessary next step
in our effort to get off the open ended war-footing that we have maintained
since 9/11. For these reasons, I indicated in a speech at the National Defense
University last May that we needed a more robust public discussion about
the balance between security and liberty. What I did not know at the time
is that within weeks of my speech, an avalanche of unauthorized disclosures
would spark controversies at home and abroad that have continued to this
day.
Given the fact of an open investigation, Im not going to dwell on Mr.
Snowdens actions or motivations. I will say that our nations
defense depends in part on the fidelity of those entrusted with our
nations secrets. If any individual who objects to government policy
can take it in their own hands to publicly disclose classified information,
then we will never be able to keep our people safe, or conduct foreign policy.
Moreover, the sensational way in which these disclosures have come out has
often shed more heat than light, while revealing methods to our adversaries
that could impact our operations in ways that we may not fully understand
for years to come.
Regardless of how we got here, though, the task before us now is greater
than simply repairing the damage done to our operations; or preventing more
disclosures from taking place in the future. Instead, we have to make some
important decisions about how to protect ourselves and sustain our leadership
in the world, while upholding the civil liberties and privacy protections
that our ideals and our Constitution require. We need to do
so not only because it is right, but because the challenges posed by threats
like terrorism, proliferation, and cyber-attacks are not going away any time
soon, and for our intelligence community to be effective over the long haul,
we must maintain the trust of the American people, and people around the
world.
This effort will not be completed overnight, and given the pace of technological
change, we shouldnt expect this to be the last time America has this
debate. But I want the American people to know that the work has begun. Over
the last six months, I created an outside Review Group on Intelligence and
Communications Technologies to make recommendations for reform. Ive
consulted with the Privacy and Civil Liberties Oversight Board. Ive
listened to foreign partners, privacy advocates, and industry leaders. My
Administration has spent countless hours considering how to approach intelligence
in this era of diffuse threats and technological revolution. And before outlining
specific changes that I have ordered, let me make a few broad observations
that have emerged from this process.
First, everyone who has looked at these problems, including skeptics of existing
programs, recognizes that we have real enemies and threats, and that intelligence
serves a vital role in confronting them. We cannot prevent terrorist attacks
or cyber-threats without some capability to penetrate digital communications
whether its to unravel a terrorist plot; to intercept malware
that targets a stock exchange; to make sure air traffic control systems are
not compromised; or to ensure that hackers do not empty your bank
accounts.
Moreover, we cannot unilaterally disarm our intelligence agencies. There
is a reason why blackberries and I-Phones are not allowed in the White House
Situation Room. We know that the intelligence services of other countries
including some who feign surprise over the Snowden disclosures
are constantly probing our government and private sector networks, and
accelerating programs to listen to our conversations, intercept our emails,
or compromise our systems. Meanwhile, a number of countries, including some
who have loudly criticized the NSA, privately acknowledge that America has
special responsibilities as the worlds only superpower; that our
intelligence capabilities are critical to meeting these responsibilities;
and that they themselves have relied on the information we obtain to protect
their own people.
Second, just as ardent civil libertarians recognize the need for robust
intelligence capabilities, those with responsibilities for our national security
readily acknowledge the potential for abuse as intelligence capabilities
advance, and more and more private information is digitized. After all, the
folks at NSA and other intelligence agencies are our neighbors and our friends.
They have electronic bank and medical records like everyone else. They have
kids on Facebook and Instagram, and they know, more than most of us, the
vulnerabilities to privacy that exist in a world where transactions are recorded;
emails and text messages are stored; and even our movements can be tracked
through the GPS on our phones.
Third, there was a recognition by all who participated in these reviews that
the challenges to our privacy do not come from government alone. Corporations
of all shapes and sizes track what you buy, store and analyze our data, and
use it for commercial purposes; thats how those targeted ads pop up
on your computer or smartphone. But all of us understand that the standards
for government surveillance must be higher. Given the unique power of the
state, it is not enough for leaders to say: trust us, we wont abuse
the data we collect. For history has too many examples when that trust has
been breached. Our system of government is built on the premise that our
liberty cannot depend on the good intentions of those in power; it depends
upon the law to constrain those in power.
I make these observations to underscore that the basic values of most Americans
when it comes to questions of surveillance and privacy converge far more
than the crude characterizations that have emerged over the last several
months. Those who are troubled by our existing programs are not interested
in a repeat of 9/11, and those who defend these programs are not dismissive
of civil liberties. The challenge is getting the details right, and thats
not simple. Indeed, during the course of our review, I have often reminded
myself that I would not be where I am today were it not for the courage of
dissidents, like Dr. King, who were spied on by their own government; as
a President who looks at intelligence every morning, I also cant help
but be reminded that America must be vigilant in the face of threats.
Fortunately, by focusing on facts and specifics rather than speculation and
hypotheticals, this review process has given me and hopefully the
American people some clear direction for change. And today, I can
announce a series of concrete and substantial reforms that my Administration
intends to adopt administratively or will seek to codify with Congress.
First, I have approved a new presidential directive for our signals intelligence
activities, at home and abroad. This guidance will strengthen executive branch
oversight of our intelligence activities. It will ensure that we take into
account our security requirements, but also our alliances; our trade and
investment relationships, including the concerns of Americas companies;
and our commitment to privacy and basic liberties. And we will review decisions
about intelligence priorities and sensitive targets on an annual basis, so
that our actions are regularly scrutinized by my senior national security
team.
Second, we will reform programs and procedures in place to provide greater
transparency to our surveillance activities, and fortify the safeguards that
protect the privacy of U.S. persons. Since we began this review, including
information being released today, we have declassified over 40 opinions and
orders of the Foreign Intelligence Surveillance Court, which provides judicial
review of some of our most sensitive intelligence activities including
the Section 702 program targeting foreign individuals overseas and the Section
215 telephone metadata program. Going forward, I am directing the Director
of National Intelligence, in consultation with the Attorney General, to annually
review for the purpose of declassification any future opinions
of the Court with broad privacy implications, and to report to me and Congress
on these efforts. To ensure that the Court hears a broader range of privacy
perspectives, I am calling on Congress to authorize the establishment of
a panel of advocates from outside government to provide an independent voice
in significant cases before the Foreign Intelligence Surveillance
Court.
Third, we will provide additional protections for activities conducted under
Section 702, which allows the government to intercept the communications
of foreign targets overseas who have information thats important for
our national security. Specifically, I am asking the Attorney General and
DNI to institute reforms that place additional restrictions on governments
ability to retain, search, and use in criminal cases, communications between
Americans and foreign citizens incidentally collected under Section
702.
Fourth, in investigating threats, the FBI also relies on National Security
Letters, which can require companies to provide specific and limited information
to the government without disclosing the orders to the subject of the
investigation. These are cases in which it is important that the subject
of the investigation, such as a possible terrorist or spy, isnt tipped
off. But we can and should be more transparent in how government
uses this authority. I have therefore directed the Attorney General to amend
how we use National Security Letters so this secrecy will not be indefinite,
and will terminate within a fixed time unless the government demonstrates
a real need for further secrecy. We will also enable communications providers
to make public more information than ever before about the orders they have
received to provide data to the government.
This brings me to program that has generated the most controversy these past
few months the bulk collection of telephone records under Section
215. Let me repeat what I said when this story first broke this program
does not involve the content of phone calls, or the names of people making
calls. Instead, it provides a record of phone numbers and the times and lengths
of calls meta-data that can be queried if and when we have a reasonable
suspicion that a particular number is linked to a terrorist
organization.
Why is this necessary? The program grew out of a desire to address a gap
identified after 9/11. One of the 9/11 hijackers Khalid al-Mihdhar
made a phone call from San Diego to a known al Qaeda safe-house in
Yemen. NSA saw that call, but could not see that it was coming from an individual
already in the United States. The telephone metadata program under Section
215 was designed to map the communications of terrorists, so we can see who
they may be in contact with as quickly as possible. This capability could
also prove valuable in a crisis. For example, if a bomb goes off in one of
our cities and law enforcement is racing to determine whether a network is
poised to conduct additional attacks, time is of the essence. Being able
to quickly review telephone connections to assess whether a network exists
is critical to that effort.
In sum, the program does not involve the NSA examining the phone records
of ordinary Americans. Rather, it consolidates these records into a database
that the government can query if it has a specific lead phone records
that the companies already retain for business purposes. The Review Group
turned up no indication that this database has been intentionally abused.
And I believe it is important that the capability that this program is designed
to meet is preserved.
Having said that, I believe critics are right to point out that without proper
safeguards, this type of program could be used to yield more information
about our private lives, and open the door to more intrusive, bulk collection
programs. They also rightly point out that although the telephone bulk collection
program was subject to oversight by the Foreign Intelligence Surveillance
Court and has been reauthorized repeatedly by Congress, it has never been
subject to vigorous public debate.
For all these reasons, I believe we need a new approach. I am therefore ordering
a transition that will end the Section 215 bulk metadata program as it currently
exists, and establish a mechanism that preserves the capabilities we need
without the government holding this bulk meta-data.
This will not be simple. The Review Group recommended that our current approach
be replaced by one in which the providers or a third party retain the bulk
records, with the government accessing information as needed. Both of these
options pose difficult problems. Relying solely on the records of multiple
providers, for example, could require companies to alter their procedures
in ways that raise new privacy concerns. On the other hand, any third party
maintaining a single, consolidated data-base would be carrying out what is
essentially a government function with more expense, more legal ambiguity,
and a doubtful impact on public confidence that their privacy is being
protected.
During the review process, some suggested that we may also be able to preserve
the capabilities we need through a combination of existing authorities, better
information sharing, and recent technological advances. But more work needs
to be done to determine exactly how this system might work.
Because of the challenges involved, Ive ordered that the transition
away from the existing program will proceed in two steps. Effective immediately,
we will only pursue phone calls that are two steps removed from a number
associated with a terrorist organization instead of three. And I have directed
the Attorney General to work with the Foreign Intelligence Surveillance Court
so that during this transition period, the database can be queried only after
a judicial finding, or in a true emergency.
Next, I have instructed the intelligence community and Attorney General to
use this transition period to develop options for a new approach that can
match the capabilities and fill the gaps that the Section 215 program was
designed to address without the government holding this meta-data. They will
report back to me with options for alternative approaches before the program
comes up for reauthorization on March 28. During this period, I will consult
with the relevant committees in Congress to seek their views, and then seek
congressional authorization for the new program as needed.
The reforms Im proposing today should give the American people greater
confidence that their rights are being protected, even as our intelligence
and law enforcement agencies maintain the tools they need to keep us safe.
I recognize that there are additional issues that require further debate.
For example, some who participated in our review, as well as some in Congress,
would like to see more sweeping reforms to the use of National Security Letters,
so that we have to go to a judge before issuing these requests. Here, I have
concerns that we should not set a standard for terrorism investigations that
is higher than those involved in investigating an ordinary crime. But I agree
that greater oversight on the use of these letters may be appropriate, and
am prepared to work with Congress on this issue. There are also those who
would like to see different changes to the FISA court than the ones I have
proposed. On all of these issues, I am open to working with Congress to ensure
that we build a broad consensus for how to move forward, and am confident
that we can shape an approach that meets our security needs while upholding
the civil liberties of every American.
Let me now turn to the separate set of concerns that have been raised overseas,
and focus on Americas approach to intelligence collection abroad. As
Ive indicated, the United States has unique responsibilities when it
comes to intelligence collection. Our capabilities help protect not only
our own nation, but our friends and allies as well. Our efforts will only
be effective if ordinary citizens in other countries have confidence that
the United States respects their privacy too. And the leaders of our close
friends and allies deserve to know that if I want to learn what they think
about an issue, I will pick up the phone and call them, rather than turning
to surveillance. In other words, just as we balance security and privacy
at home, our global leadership demands that we balance our security requirements
against our need to maintain trust and cooperation among people and leaders
around the world.
For that reason, the new presidential directive that I have issued today
will clearly prescribe what we do, and do not do, when it comes to our overseas
surveillance. To begin with, the directive makes clear that the United States
only uses signals intelligence for legitimate national security purposes,
and not for the purpose of indiscriminately reviewing the emails or phone
calls of ordinary people. I have also made it clear that the United States
does not collect intelligence to suppress criticism or dissent, nor do we
collect intelligence to disadvantage people on the basis of their ethnicity,
race, gender, sexual orientation, or religious beliefs. And we do not collect
intelligence to provide a competitive advantage to U.S. companies, or U.S.
commercial sectors.
In terms of our bulk collection of signals intelligence, U.S. intelligence
agencies will only use such data to meet specific security requirements:
counter-intelligence; counter-terrorism; counter-proliferation; cyber-security;
force protection for our troops and allies; and combating transnational crime,
including sanctions evasion. Moreover, I have directed that we take the
unprecedented step of extending certain protections that we have for the
American people to people overseas. I have directed the DNI, in consultation
with the Attorney General, to develop these safeguards, which will limit
the duration that we can hold personal information, while also restricting
the use of this information.
The bottom line is that people around the world regardless of their
nationality should know that the United States is not spying on ordinary
people who dont threaten our national security, and that we take their
privacy concerns into account. This applies to foreign leaders as well. Given
the understandable attention that this issue has received, I have made clear
to the intelligence community that unless there is a compelling national
security purpose we will not monitor the communications of heads of
state and government of our close friends and allies. And Ive instructed
my national security team, as well as the intelligence community, to work
with foreign counterparts to deepen our coordination and cooperation in ways
that rebuild trust going forward.
Now let me be clear: our intelligence agencies will continue to gather
information about the intentions of governments as opposed to ordinary
citizens around the world, in the same way that the intelligence services
of every other nation does. We will not apologize simply because our services
may be more effective. But heads of state and government with whom we work
closely, and on whose cooperation we depend, should feel confident that we
are treating them as real partners. The changes Ive ordered do just
that.
Finally, to make sure that we follow through on these reforms, I am making
some important changes to how our government is organized. The State Department
will designate a senior officer to coordinate our diplomacy on issues related
to technology and signals intelligence. We will appoint a senior official
at the White House to implement the new privacy safeguards that I have announced
today. I will devote the resources to centralize and improve the process
we use to handle foreign requests for legal assistance, keeping our high
standards for privacy while helping foreign partners fight crime and
terrorism.
I have also asked my Counselor, John Podesta, to lead a comprehensive review
of big data and privacy. This group will consist of government officials
whoalong with the Presidents Council of Advisors on Science and
Technologywill reach out to privacy experts, technologists and business
leaders, and look at how the challenges inherent in big data are being confronted
by both the public and private sectors; whether we can forge international
norms on how to manage this data; and how we can continue to promote the
free flow of information in ways that are consistent with both privacy and
security.
For ultimately, whats at stake in this debate goes far beyond a few
months of headlines, or passing tensions in our foreign policy. When you
cut through the noise, whats really at stake is how we remain true
to who we are in a world that is remaking itself at dizzying speed. Whether
its the ability of individuals to communicate ideas; to access information
that would have once filled every great library in every country in the world;
or to forge bonds with people on other sides of the globe, technology is
remaking what is possible for individuals, for institutions, and for the
international order. So while the reforms that I have announced will point
us in a new direction, I am mindful that more work will be needed in the
future.
One thing Im certain of: this debate will make us stronger. And I also
know that in this time of change, the United States of America will have
to lead. It may seem sometimes that America is being held to a different
standard, and the readiness of some to assume the worst motives by our government
can be frustrating. No one expects China to have an open debate about their
surveillance programs, or Russia to take the privacy concerns of citizens
into account. But let us remember that we are held to a different standard
precisely because we have been at the forefront in defending personal privacy
and human dignity.
As the nation that developed the Internet, the world expects us to ensure
that the digital revolution works as a tool for individual empowerment rather
than government control. Having faced down the totalitarian dangers of fascism
and communism, the world expects us to stand up for the principle that every
person has the right to think and write and form relationships freely
because individual freedom is the wellspring of human progress.
Those values make us who we are. And because of the strength of our own
democracy, we should not shy away from high expectations. For more than two
centuries, our Constitution has weathered every type of change because we
have been willing to defend it, and because we have been willing to question
the actions that have been taken in its defense. Today is no different. Together,
let us chart a way forward that secures the life of our nation, while preserving
the liberties that make our nation worth fighting for. Thank you.