The NSA Report

The NSA Report: Liberty and Security in a Changing World

RICHARD A. CLARKE
MICHAEL J. MORELL
GEOFFREY R. STONE
CASS R. SUNSTEIN
PETER SWIRE
THE PRESIDENT’S REVIEW GROUP ON INTELLIGENCE AND COMMUNICATIONS TECHNOLOGIES
Copyright Date: 2014
Pages: 320
https://www.jstor.org/stable/j.ctt5vjvbs
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  • Book Info
    The NSA Report
    Book Description:

    "We cannot discount the risk, in light of the lessons of our own history, that at some point in the future, high-level government officials will decide that this massive database of extraordinarily sensitive private information is there for the plucking. Americans must never make the mistake of wholly 'trusting' our public officials."--The NSA Report

    This is the official report that is helping shape the international debate about the unprecedented surveillance activities of the National Security Agency. Commissioned by President Obama following disclosures by former NSA contractor Edward J. Snowden, and written by a preeminent group of intelligence and legal experts, the report examines the extent of NSA programs and calls for dozens of urgent and practical reforms. The result is a blueprint showing how the government can reaffirm its commitment to privacy and civil liberties--without compromising national security.

    eISBN: 978-1-4008-5127-0
    Subjects: Political Science, Technology, Law

Table of Contents

  1. Front Matter
    (pp. i-viii)
  2. Table of Contents
    (pp. ix-x)
  3. Preface
    (pp. xi-xiv)
  4. Executive Summary
    (pp. xv-xxiv)
  5. Recommendations
    (pp. xxv-xliv)
  6. Chapter One PRINCIPLES
    (pp. 1-9)

    In the American tradition, the word “security” has had multiple meanings. In contemporary parlance, it often refers tonational securityorhomeland security. Thus understood, it signals the immense importance of counteracting threats that come from those who seek to do the nation and its citizens harm. One of the government’s most fundamental responsibilities is to protect this form of security, broadly understood. Appropriately conducted and properly disciplined, surveillance can help to eliminate important national security risks. It has helped to save lives in the past. It will help to do so in the future.

    In the aftermath of the...

  7. Chapter Two LESSONS OF HISTORY
    (pp. 10-33)

    For reasons that we have outlined, it is always challenging to strike the right balance between the often competing values of national security and individual liberty, but as history teaches, it isparticularlydifficult to reconcile these values in times of real or perceived national crisis. Human nature being what it is, there is inevitably a risk of overreaction when we act out of fear. At such moments, those charged with the responsibility for keeping our nation safe, supported by an anxious public, have too often gone beyond programs and policies that were in fact necessary and appropriate to protect...

  8. Chapter Three REFORMING FOREIGN INTELLIGENCE SURVEILLANCE DIRECTED AT UNITED STATES PERSONS
    (pp. 34-80)

    A central concern of this Report is the need to define an appropriate balance between protecting the privacy interests of United States persons and protecting the nation’s security. In this chapter, we focus primarily on section 215 of FISA and related issues, such as the FBI’s use of national security letters, because those issues have received particular attention in recent months as a result of disclosures relating to business records.

    The central issue concerns the authority of the government in general, and the Intelligence Community in particular, to require third parties, such as telephone and Internet companies, to turn over...

  9. Chapter Four REFORMING FOREIGN INTELLIGENCE SURVEILLANCE DIRECTED AT NON-UNITED STATES PERSONS
    (pp. 81-111)

    To what extent should the United States accord non-United States persons the same privacy protections it recognizes for United States persons? At one level, it is easy to say that “all persons are created equal” and that every nation should accord all persons the same rights, privileges, and immunities that it grants to its own citizens. But, of course, no nation follows such a policy. Nations see themselves as distinct communities with particular obligations to the members of their own community. On the other hand, there are certain fundamental rights and liberties that all nations should accord to all persons,...

  10. Chapter Five DETERMINING WHAT INTELLIGENCE SHOULD BE COLLECTED AND HOW
    (pp. 112-124)

    The United States led the defense of the Free World in the Cold War. After having been targeted by terrorist groups, it led the global community’s efforts to combat violent extremism. Over time, the United States has developed a large Intelligence Community with unparalleled collection capabilities. The Intelligence Community collects information essential not only to our national security but also to that of many allied and friendly nations. The unsurpassed prowess of US technical intelligence collection is a major component of the maintenance of peace and security of the United States and many other nations.

    Intelligence collection is designed to...

  11. Chapter Six ORGANIZATIONAL REFORM IN LIGHT OF CHANGING COMMUNICATIONS TECHNOLOGY
    (pp. 125-153)

    A central theme of this Report is the importance of achieving multiple goals, including: (1) combating threats to the national security; (2) protecting other national security and foreign policy interests; (3) assuring fundamental rights to privacy; (4) preserving democracy, civil liberties, and the rule of law; (5) supporting a robust, innovative, and free Internet; and (6) protecting strategic relationships. This chapter identifies organizational structures designed to achieve these goals in light of changes in communications technology.

    For reasons deeply rooted in the history of the intelligence enterprise, the current organizational structure has been overwhelmingly focused on the goal of combating...

  12. Chapter Seven GLOBAL COMMUNICATIONS TECHNOLOGY: PROMOTING PROSPERITY, SECURITY, AND OPENNESS IN A NETWORKED WORLD
    (pp. 154-175)

    An important goal of US policy is to promote prosperity, security, and openness in the predominant method of modern communication, the Internet. This chapter examines how to achieve that goal, consistent with other goals of US policy.

    In 2011, the Obama Administration released a major report: “International Strategy for Cyberspace: Prosperity, Security, and Openness in a Networked World.” In the letter introducing the report, President Obama wrote: “This strategy outlines not only a vision for the future of cyberspace, but an agenda for realizing it. It provides the context for our partners at home and abroad to understand our priorities,...

  13. Chapter Eight PROTECTING WHAT WE DO COLLECT
    (pp. 176-198)

    What intelligence and sensitive information the United States does choose to collect or store should be carefully protected from both the Insider Threat and the External Hack. Such protection requires new risk-management approaches to personnel vetting, a change in philosophy about classified networks, and adoption of best commercial practices for highly secure private sector networks.

    Our comments in this chapter deal with personnel with security clearances and classified networks throughout the US Government and not just those in the Intelligence Community. We believe that this broad scope is necessary, and we note that previous reviews have been limited to the...

  14. Conclusion
    (pp. 199-200)

    In this Report, we have explored both continuity and change. The continuity involves enduring values, which we have traced to the founding of the American republic. When the Constitution was ratified, We the People—in whom sovereignty resides—made commitments, at once, to the protection of the common defense, securing the blessings of liberty, and ensuring that people are “secure in their persons, houses, papers, and effects.” In the American tradition, liberty and security need not be in conflict. They can be mutually supportive. This understanding lies at the foundation of our culture and our rights, and it is shared...

  15. Appendix A THE LEGAL STANDARDS FOR GOVERNMENT ACCESS TO COMMUNICATIONS
    (pp. 201-204)
  16. Appendix B
    (pp. 205-206)
  17. Appendix C
    (pp. 207-207)
  18. Appendix D
    (pp. 208-208)
  19. Appendix E US GOVERNMENT ROLE IN CURRENT ENCRYPTION STANDARDS
    (pp. 209-212)
  20. Appendix F REVIEW GROUP BRIEFINGS AND MEETINGS
    (pp. 213-215)
  21. Appendix G GLOSSARY
    (pp. 216-226)
  22. Index
    (pp. 227-240)