National Security Agency (NSA) Eavesdropping
President Bush Authorized Domestic Spying After 9/11

On December 16, 2005, the New York Times reported that the President authorized the National Security Agency (NSA) to eavesdrop on individuals within the United States without obtaining a court order as required by the Foreign Intelligence Surveillance Act of 1978.  The President later acknowledged that he had authorized warrantless surveillance within the United States.  White House press briefing.  Expert analysis on the NSA controversy is available at www.cdt.org/security/nsa/briefingbook.php.

The NSA’s surveillance program violates the Foreign Intelligence Surveillance Act and the Constitution.  As the Director of CNSS explained, “This is as shocking a revelation as we have ever seen from the Bush administration. It is, I believe, the first time a President has authorized government agencies to violate a specific criminal prohibition and eavesdrop on Americans.” The Washington Post, 12/16/05.  Martin stated that “The President apparently believed that he could order government officials to commit a crime, and if that’s the case then it is an astounding and frightening incident of lawlessness.” Kate Martin quoted in The Guardian, 12/17/05.

Statement by Kate Martin before members of the Judiciary Committee and others of the House of Representatives on January 20, 2006.

Church Committee:
The current legal framework for NSA surveillance was created, in part, in response to revelations of widespread abuses by the intelligence community in the 1960’s and 1970’s.  The abuses were the subject of an extensive investigation by the Select Committee to Study Governmental Relations (Church Committee) in the 1970’s.  Details on the investigation are contained in the following documents:

• Book II: Intelligence Activities and the Rights of Americans, Final Report of the Church Committee, S. Rep. 94-755 (1976).
• National Security Agency Surveillance Affecting Americans, Book III: Supplementary Detailed Staff Reports on Intelligence Activities and the Rights of Americans (1976).
• Volume 5: The National Security Agency and Fourth Amendment Rights:  Hearings Before the Select Committee to Study Governmental Operations with Respect to Intelligence Activities, 94th Cong. (Oct. 29 and Nov. 6, 1975).  Available at http://www.aarclibrary.org/publib/church/reports/vol5/contents.htm.

 
CNSS report on NSA abuses:
 
Morton H. Halperin,  “NSA: More Abuses,” First Principles,  (November 1975): 15-16.
 
The NSA on its Legal Authorities and Surveillance of Americans
 
In February 2000, the NSA issued a report required by Intelligence Authorization of 2000:   “Legal Standards for the Intelligence Community in Conducting Electronic Surveillance.” Available at http://www.fas.org/irp/nsa/standards.html.

In April 2000, NSA Director Lt. Gen. Michael V. Hayden USAF, testified before the House Permanent Select Comm. on Intelligence.


Legal Standards Governing the NSA

The National Security Act of 1947, 50 U.S.C. 401 et seq.  This established the CIA and the general framework for the intelligence activities.

The Foreign Intelligence Surveillance Act of 1978, (FISA) 50 U.S.C. 1801 et seq.  For the full legislative history, visit the FISA page.

Executive Order No. 12333 of United States Intelligence Activities (Dec. 4, 1981)  President Reagan issued this executive order governing all intelligence activities.

Department of Defense Directive 5240.1, “Activities of DoD Intelligence Components that Affect U.S. Persons” (Apr. 25, 1988).  This regulation was issued pursuant to Executive Order 12333.

United States Signals Intelligence.  Available at http://www.gwu.edu/~nsarchiv/NSAEBB/NSAEBB24/index.htm#doc11.  The NSA issued this directive to implement the FISA, E.O. 12333 and DoD regulations.

NSA/CSS, U.S. Identities in SIGINT (March 1994).  Available at http://www.gwu.edu/~nsarchiv/NSAEBB/NSAEBB24/index.htm#doc11.  The NSA’s manual on disseminating information that identifies U.S. citizens.