May 6, 2014
Yesterday the Director of National Intelligence released additional documents related to the intelligence-gathering activities authorized by President George W. Bush shortly after the attacks of Sept. 11 and subsequently transitioned to authority of the Foreign Intelligence Surveillance Act.
On Dec. 20, 2013, the DNI declassified and acknowledged the presidentially-authorized activities, and his public statement on Dec. 21, 2013, provided the previously classified history of the program, which authorized the National Security Agency to collect: (1) the contents of certain international communications, a program that was later referred to as the Terrorist Surveillance Program, and (2) telephony and Internet non-content information (referred to as "metadata") in bulk, subject to various conditions.
After President Bush acknowledged the TSP in December 2005, two suits were
filed against the United States and U.S. government officials challenging
alleged NSA activities authorized by President Bush after 9/11. Those suits
are still pending in the Northern District of California. In response, the
U.S. government, through classified and unclassified declarations by the
DNI and NSA, asserted the state secrets privilege and the DNI's authority
under the National Security Act of 1947, as amended, to protect intelligence
sources and methods. Following the unauthorized and unlawful release of
classified information about the Section 215 and Section 702 programs in
June 2013, the court directed the U.S. government to explain the impact of
declassification decisions since June 2013 on the national security issues
in the case, as reflected in the U.S. governmentâs state
secrets privilege assertion. The court also ordered the U.S. government to
review for declassification prior classified state secrets privilege and
intelligence sources and methods declarations in the litigation, and to file
redacted, unclassified versions of those documents with the court.
On Dec. 20, 2013, the DNI declassified and publicly released eight previously
classified DNI and NSA declarations that were filed in support of the U.S.
government's prior assertions of the state secrets privilege and sources
and methods privilege in the above-mentioned litigation. Yesterday the DNI
released an additional 10 previously classified DNI, NSA, and attorney general
declarations, which are posted on the Office of the Director of National
Intelligence website and ICOntheRecord.tumblr.com, the public website dedicated
to fostering greater public visibility into the intelligence activities of
the U.S. government. Some information has been redacted from the
declarations to protect information that remains properly classified for
national security reasons and because of the great harm to national security
if disclosed.
Office of the Director of National Intelligence Public Affairs
Documents:
[Cryptome: Documents provided by DNI have been replaced below with court
filings which have smaller file sizes. Documents are identical except pages
of the DNI documents have a notation at top: "Approved for public release
May 5, 2014" The 10 DNI files:
http://cryptome.org/2014/05/dni/dni-14-0505.zip
(32.7MB)]
- DNI Negroponte 2006 Hepting State Secrets Declaration (798KB)
- DNI Negroponte 2006 Hepting Supplemental State Secrets Declaration (111KB)
- DNI McConnell 2007 MCI & Hepting State Secrets Declaration (763KB)
- DNI Clapper 2013 Jewel/Shubert State Secrets Declaration (1.3MB)
- NSA Alexander 2006 Hepting Declaration (1.2MB)
- NSA Black 2006 Hepting Declaration (81KB)
- NSA Alexander 2007 MCI & Verizon Declaration (1.2MB)
- NSA Fleisch 2013 Jewel/Shubert Declaration (1.9MB)
- NSA Shea 2014 Jewel/First Unitarian Declaration (626KB)
- AG Mukasey 2008 Declaration (1.0MB)