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34 Years Later, Treasury Is Still Operating without Procedures to Protect Americans under EO 12333

With almost no explanation, PCLOB just released this table ODNI compiled showing the status of procedures Agencies follow to protect US person information when using data obtained under EO 12333. This is something PCLOB has been pushing for since August 2013, when it sent a letter to Attorney General Holder pointing out that some agencies weren’t […]


The Emergency EO 12333 Fix: Section 309

In a last minute amendment to the Intelligence Authorization, the House and Senate passed a new section basically imposing minimization procedures for EO 12333 or other intelligence collection not obtained by court order. (See Section 309) (3) Procedures.– (A) Application.–The procedures required by paragraph (1) shall apply to any intelligence collection activity not otherwise authorized […]


ICREACH and EO 12333

Because I need a hobby, I’m knee deep in tracking how EO 12333 got changed in 2008. Part of the impetus came from Congress, some members of which were furious that OLC had given the President authority to pixie dust EO 12333 in secret. But the bigger impetus came from the Intelligence Community. That’s why […]


The Other Blind Spot in NSA’s EO 12333 Privacy Report: Research

Yesterday, I laid out the biggest reason the NSA Privacy Officer’s report on EO 12333 was useless: she excluded most of NSA’s EO 12333 collection — its temporary bulk collection done to feed XKeyscore and its more permanent bulk collection done to hunt terrorists and most other NSA targets — from her report. Instead, Privacy Officer Rebecca Richards’ report […]


Missing from the EO 12333 Discussion: Its Classified Annex Michael Hayden Revised on March 11, 2004

I recommend this ArsTechnica background piece on EO 12333. It describes how Ronnie Reagan issued EO 12333 to loosen the intelligence rules imposed by Jimmy Carter (with links to key historical documents). It includes interviews with the NSA whistleblowers describing how George Bush authorized the collection of telecom data from circuits focused on the US […]


The Truth Missing from Alexander Joel’s “Truth” about EO 12333

Over at Salon, I’ve got a piece responding to Office of Director of National Intelligence Civil Liberties Officer Alexander Joel’s column purporting to describe the “truth” about EO 12333. Click through to see this part of my argument: Joel resorts to the tired old “target” jargon Joel points to PPD 28, which rather than supporting his […]


NSA’s Disingenuous Claims about EO 12333 and the First Amendment

Thanks to John Napier Tye’s Sunday op-ed, some surveillance watchers are just now discovering EO 12333, which I’ve written some 50 posts about over the last year. Back in January, I focused on one of the most alarming disclosures of the 2009 phone dragnet problems, that 3,000 presumed US person identifiers were on an alert list […]


EO 12333 Threatens Our Democracy

Among the many posts I’ve written about Executive Order 12333 — the order that authorizes all non-domestic spying — includes this post, where I noted that proposed changes to NSA’s phone dragnet won’t affect programs authorized by EO 12333. Obama was speaking only about NSA’s treatment of Section 215 metadata, not the data — which includes a […]