A2 Circumvention
NSA
Fiat solves circumvention – US fg including all relevant agencies will follow letter of
the law for FAA section 702 and PPD 28 per plan mandates. Plan also sends
international signal that bolsters trust – that’s the Eoyang solvency.
PPD-28 is key to protecting the rights of non-US persons abroad
Edgar, 4/13/15 – (Timothy Edgar, visiting fellow at the Institute and adjunct professor of law at the
Georgetown University Law Center Timothy. April 13, 2015. “The Good News About Spying”
[https://www.foreignaffairs.com/articles/united-states/2015-04-13/good-news-about-spying])HW
Beyond more transparency, Obama has also changed the rules for surveillance of foreigners. Until last year, privacy rules applied only to “U.S.
in January 2014, Obama issued Presidential Policy Directive 28 (PPD-28), ordering intelligence agencies
to write detailed rules assuring that privacy protections would apply regardless of nationality. These
rules, which came out in January 2015, mark the first set of guidelines for intelligence agencies ordered by a U.S.
president—or any world leader—that explicitly protect foreign citizens’ personal information in the course of
intelligence operations. Under the directive, the NSA can keep personal information in its databases for no more than five
years. It must delete personal information from the intelligence reports it provides its customers unless that person’s identity is necessary to
understand foreign intelligence—a basic rule once reserved only for Americans. The new rules also include restrictions on bulk
collection of signals intelligence worldwide—the practice critics call “mass surveillance.” The NSA’s bulk collection
programs may no longer be used for uncovering all types of diplomatic secrets, but will now be limited to six
specific categories of serious national security threats. Finally, agencies are no longer allowed simply to
“collect it all.” Under PPD-28, the NSA and other agencies may collect signals intelligence only after weighing the
benefits against the risks to privacy or civil liberties, and they must now consider the privacy of
everyone, not just U.S. citizens. This is the first time any U.S. government official will be able to cite a
written presidential directive to object to an intelligence program on the basis that the intelligence it
produces is not worth the costs to privacy of innocent foreign citizens
persons.” But
PPD-28 and USSID SP0018 safeguards civil liberties
Moultrie 1/12/15 (Ron Moultrie, former Signals Intelligence Director, Executive Agent for USSID.
National Security Agency, January 12, 2015. “PPD-28 Section 4 Procedures”
[https://www.nsa.gov/public_info/_files/nsacss_policies/PPD-28.pdf])HW
Presidential Policy Directive 28 (PPD-28) I articulates
principles to guide United States SIGINT activities for
authorized foreign intelligence and counterintelligence purposes. In response to PPD-28 Section 4, NSA has
developed Supplemental Procedures to United States Signals Intelligence Directive, USSID SP0018. USSID SP0018
implements the Attorney General-approved procedures contained in Department of Defense (DoD) Regulation
5240.1-R and its Classified Annex thai govern NSA's SIGNIT activities. USSID SP0018 prescribes specific minimization policies and
procedures for U.S. Persons, and assigns responsibilities to assure that the missions and functions of the United
States SIGINT System (USSS) are conducted in a manner that safeguards the constitutional rights of U.S. Persons. All
personnel who are conducting E.O. 12333 SIGINT activities under the direction, authority, or control of the Director of the
National Security Agency throughout the SIGINT lifecycle are responsible to protect the privacy of U.S. Persons. PPD-28
Section 4 directs the Intelligence Community (lC) to establish policies and procedures for safeguarding personal
information collected during signals intelligence activities. NSA's Supplemental Procedures are the guidance and
procedures for implementing this direction from the President. Consistent with the requirements of Section 4.(a), NSA's
Supplemental Procedures extend comparable safeguards currently provided for U.S. Persons to all persons, regardless of nationality. Section
4.(b) requires IC elements to issue procedures by 17 January 2015, one year after the President released PPD-28. As specified in section 4.(c),
NSA worked with the White House in developing these policies and procedures to ensure the proper
civil liberties and privacy safeguards are in place.The new Supplemental Procedures are entitled "USSID SP0018
Supplemental Procedures for the Collection. Processing. Retention, and Dissemination of Signals Intelligence Information and Data Containing
Personal Information for Non-United States Persons." and implement the
privacy and civil liberties protections afforded to nonu.s. persons in a manner that is comparable, to the extent consistent with national security, to the privacy protections afforded to U.S.
persons. These new Supplemental Procedures are written as a guide to SIGINT professionals. Wherever possible, language in the Supplemental
Procedures mirrors the terminology and structure of parallel provisions in USSID SP0018 and in PPD-28.
FBI
FBI circumvention’s irrelevant – NSA overreach causes international signal of distrust.
FBI will follow PPD-28
Giuliano 2/2/15 (Mark F. Giuliano- Deputy Director of the Federal Bureau of Investigation, making him
the Bureau's second-highest-ranking official. “PRESIDENTIAL POLICY DIRECTIVE 28 POLICIES AND
PROCEDURES” [https://www.fbi.gov/about-us/nsb/fbis-policies-and-procedures-presidential-policydirective-28-1]) hw
Presidential Policy Directive 28 regarding signals intelligence activities (hereinafter "PPD-28"), issued January 17,2014, articulates
principles to guide why, whether, when, and how the United States conducts signals intelligence activities for
authorized foreign intelligence and counterintelligence purposes. Specifically, section 4 of PPD-28 sets forth principles for safeguarding
personal information collected from signals intelligence activities and requires Intelligence Community ("IC") elements to establish policies and
procedures to apply such principles, consistent with technical capabilities and operational needs. As
stated in PPD-28, all persons
should be treated with dignity and respect, regardless of their nationality or wherever they might reside,
and all persons have legitimate privacy interests in the handling of their personal information. Although the FBI does
not conduct "signals intelligence activities," the FBI is applying the relevant provisions of PPD-28 to
information it collects pursuant to FISA section 702 to further these principles. Although the FBI does not conduct
signals intelligence activities and does not have access to unevaluated, raw, or unminimized signals intelligence, it does receive from other IC
elements engaged in such activities signals intelligence information that has been evaluated, minimized, or otherwise included in finished
intelligence products. These
policies and procedures also address the manner in which the FBI will handle
signals intelligence information in these finished intelligence products.