Additional Release of FISA 702 Documents

Today, the ODNI, in consultation with the Department of Justice, is publicly posting additional FISA Section 702 documents. Previously, we publicly posted tranches of Section 702 documents after documents were released pursuant to a Freedom of Information Act (FOIA) case filed in the U.S. District Court for the Southern District of New York, ACLU v. National Security Agency, et al. (the ACLU FOIA release April 11, 2017, May 10, 2017, June 22, 2017, and August 22, 2017). Today’s release is the latest tranche of documents related to the ACLU FOIA case.

The documents contain reports by the National Security Agency (NSA) that are required to be generated annually pursuant to FISA Section 702(l)(3). These reports include the number of NSA-disseminated intelligence reports containing Section 702 information with at least one reference to a U.S. person. The NSA’s Section 702(l)(3) Reports are based on a September 1st through August 31st time period. The DNI’s Annual Statistical Transparency Reports (previously released on IC on the Record as recently as May 20, 2017) also include the number of NSA-disseminated intelligence reports containing Section 702 information with at least one reference to a U.S. person. The DNI’s Annual Statistical Transparency Reports, however, are based on a calendar year – e.g. January 1st through December 31st – time period. Thus, differences in the numbers reported in the NSA’s Section 702(l)(3) reports and the DNI’s Annual Statistical Transparency Report are due to the two different reporting periods.

September 15, 2017 ACLU FOIA Release Documents