The NSA Report

Richard A. Clarke served as a national security official under presidents Bill Clinton and George W. Bush. Michael J. Morell is a former deputy director of the Central Intelligence Agency. Geoffrey R. Stone is the Edward H. Levi Distinguished Service Professor of Law at the University of Chicago Law School. Cass R. Sunstein is the Robert Walmsley University Professor at Harvard University. Peter Swire is the Nancy J. and Lawrence P. Huang Professor in the Scheller College of Business at the Georgia Institute of Technology.

Preface xi Executive Summary xv Recommendations xxv Chapter 1 | Principles 1 Chapter 2 | Lessons of History 10 Chapter 3 | Reforming Foreign Intelligence Surveillance Directed at United States Persons 34 Chapter 4 | Reforming Foreign Intelligence Surveillance Directed at Non- United States Persons 81 Chapter 5 | Determining What Intelligence Should Be Collected and How 112 Chapter 6 | Organizational Reform in Light of Changing Communications Technology 125 Chapter 7 | Global Communications Technology: Promoting Prosperity, Security, and Openness in a Networked World 154 Chapter 8 | Protecting What We Do Collect 176 Conclusion 199 Appendix A | The Legal Standards for Government Access to Communications 201 Appendix B | Overview of NSA Privacy Protections Under FAA 702; Overview of NSA Privacy Protections Under EO 12333 205 Appendix C | US Intelligence: Multiple Layers of Rules and Oversight 207 Appendix D | Avenues for Whistle-blowers in the Intelligence Community 208 Appendix E | US Government Role in Current Encryption Standards 209 Appendix F | Review Group Briefings and Meetings 213 Appendix G | Glossary 216 Index 227