Release of Joint Assessments of Section 702 Compliance

Today the DNI, in consultation with the Attorney General, is releasing in redacted form three successive versions of the Semiannual Assessment of Compliance with Procedures and Guidelines Issued Pursuant to Section 702 of the Foreign Intelligence Surveillance Act, Submitted by the Attorney General and the Director of National Intelligence (“Joint Assessment”).  The DNI is releasing these semiannual assessments proactively, in keeping with the Principles of Intelligence Transparency for the Intelligence Community. 

The FISA Amendments Act of 2008 (50 U.S.C. § 1881(l)(1)) requires the Attorney General and the DNI to assess compliance with Section 702 procedures and to semiannually submit such assessments to the Foreign Intelligence Surveillance Court (FISC) and relevant congressional committees. These assessments are conducted by a joint team of experts (the Joint Oversight team) from the Department of Justice (DOJ) and the Office of the Director of National Intelligence (ODNI).

Consistent with previous Joint Assessments, the Joint Oversight team found no instances of intentional circumvention or violation of those procedures.  The Joint Assessments describe the extensive measures undertaken by the Government to ensure compliance with court-approved targeting and minimization procedures; to accurately identify, record, and correct errors; to take responsive actions to remove any erroneously obtained data; and to minimize the chances that mistakes will re-occur.  The Joint Assessments have found that the agencies continue to implement the procedures in a manner that reflects a focused and concerted effort by Intelligence Community personnel to comply with the requirements of Section 702, including being appropriately focused on directing efforts at non-United States persons reasonably believed to be located outside the United States for the purpose of acquiring foreign intelligence information.  Such efforts have resulted in a compliance incident rate that is consistently less than 1% of the overall collection activity. 

Since the release of the 9th Joint Assessment (dated August 2013), in redacted form, Aug. 21, 2013, on IC on the Record, ODNI and DOJ have been preparing subsequent Joint Assessments to enhance public readability, where feasible.  Consistent with the transparency principles, ODNI coordinated an extensive interagency review process to ensure the greatest transparency while protecting national security information, in order to enhance public understanding of the government’s implementation of Section 702.

Below are today’s releases, in redacted form, of the:

In addition, links to previously released Joint Assessments are included below for ease of reference: