Does NSA/CSS unconstitutionally spy on
Americans?
NSA.gov
FaQ
Does NSA/CSS unconstitutionally spy on Americans?
No. NSA/CSS performs SIGINT operations against foreign powers or agents of
foreign powers. It strictly follows laws and regulations designed to preserve
every American's privacy rights under the Fourth Amendment to the United States
Constitution. The Fourth Amendment protects U.S. persons from unreasonable
searches and seizures by the U.S. government or any person or agency acting on
behalf of the U.S. government.
I believe that as a U.S. person I am not targeted in the United States. What
happens when I travel abroad?
U.S. persons traveling abroad are still covered by the same rules,
regulations, and oversight procedures.
Who is considered a U.S. Person?
Federal law and executive order define a U.S. Person as:
- a citizen of the United States
- an alien lawfully admitted for permanent residence
- an unincorporated association with a substantial number of members who are
citizens of the U.S. or are aliens lawfully admitted for permanent
residence
- a corporation that is incorporated in the U.S.
How are the activities of NSA/CSS regulated?
The U.S. Constitution, federal law, executive order, and Executive Branch
and Department of Defense regulations govern NSA/CSS activities. They are
designed to balance the government's need for foreign intelligence information
and individual privacy rights in a reasonable way. The House Permanent Select
Committee on Intelligence (HPSCI) and the Senate Select Committee on
Intelligence (SSCI) ensure adherence by the Agency to laws and regulations,
especially with regard to protection of U.S. citizens' right to privacy
(including military and civilian Agency employees -- who are all U.S.
citizens).
How is compliance with the regulations monitored?
An effective oversight process involving the Executive, Legislative, and
Judicial Branches is in place to ensure that NSA/CSS complies with the
regulations. At the very top, the President's Intelligence Oversight Board
(IOB) and the Congressional Oversight Committees (both Senate and House of
Representatives) keep fully informed of our intelligence activities. In
addition to those entities, the National Security Council (NSC), the Department
of Defense (DoD) and the Department of Justice also provide oversight.
Who verifies the legitimacy of the regulations?
The regulations are approved by the Secretary of Defense and the Attorney
General and are vetted with the HPSCI and SSCI.
How does NSA/CSS ensure that its employees are aware of and abide by the
regulations?
NSA/CSS conducts extensive training of its employees to ensure that the
workforce is aware of and understands the regulations governing NSA/CSS
activities. The portion of the NSA/CSS workforce charged with foreign
intelligence production receives very specific training reminding them of their
responsibility to protect the privacy of U.S. persons. Access to intelligence
information is contingent upon the completion of such training sessions.
Couldn't the Agency simply ask its allies to provide them with information
about U.S. persons?
We have been prohibited by executive order since 1978 from having any person
or government agency, whether foreign or U.S. conduct any activity on our
behalf that we are prohibited from conducting ourselves. Therefore, NSA/CSS
does not ask its allies to conduct such activities on its behalf nor does
NSA/CSS do so on behalf of its allies.
Does NSA/CSS have internal oversight?
NSA/CSS has its own internal oversight process within the Office of the
Inspector General (OIG). The OIG has the authority to conduct inspections,
audits and investigations to ensure that NSA/CSS operates with integrity,
efficiency and effectiveness. The OIG is authorized access to all information,
records, reports, documents, electronic systems/material, personnel and
physical areas at NSA/CSS HQ and at all field sites. The OIG has several areas
of responsibility. With regard to oversight, the OIG is responsible for
overseeing compliance with Executive Order 12333 and related implementing
directives and regulations to ensure the lawful execution of intelligence
operations. Results of their oversight efforts are reported to the Department
of Defense and the President's IOB.
In addition, the Deputy Director, NSA, chairs an NSA Intelligence Oversight
Board consisting of the Deputy Director, the Inspector General, and the General
Counsel. The Board conducts oversight reviews of NSA activities. The NSA
General Counsel as well as an office within the Directorate of Operations
conduct oversight activities as well.
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