Director of National Intelligence James Clapper delivered the University of Georgia Charter Lecture on April 14, 2014.
Director of National Intelligence James Clapper delivers the April 15, 2014 keynote address at the GEOINT 2013 Symposium.
Note: Due to the the October 2013 shutdown of the federal government the GEOINT 2013 Symposium, originally scheduled for October 2013, was rescheduled to April 2014.
Statement on Bloomberg News story that NSA knew about the “Heartbleed bug” flaw and regularly used it to gather critical intelligence
April 11, 2014
NSA was not aware of the recently identified vulnerability in OpenSSL, the so-called Heartbleed vulnerability, until it was made public in a private sector cybersecurity report. Reports that say otherwise are wrong.
Reports that NSA or any other part of the government were aware of the so-called Heartbleed vulnerability before April 2014 are wrong. The Federal government was not aware of the recently identified vulnerability in OpenSSL until it was made public in a private sector cybersecurity report. The Federal government relies on OpenSSL to protect the privacy of users of government websites and other online services. This Administration takes seriously its responsibility to help maintain an open, interoperable, secure and reliable Internet. If the Federal government, including the intelligence community, had discovered this vulnerability prior to last week, it would have been disclosed to the community responsible for OpenSSL.
When Federal agencies discover a new vulnerability in commercial and open source software – a so-called “Zero day” vulnerability because the developers of the vulnerable software have had zero days to fix it – it is in the national interest to responsibly disclose the vulnerability rather than to hold it for an investigative or intelligence purpose.
In response to the recommendations of the President’s Review Group on Intelligence and Communications Technologies, the White House has reviewed its policies in this area and reinvigorated an interagency process for deciding when to share vulnerabilities. This process is called the Vulnerabilities Equities Process. Unless there is a clear national security or law enforcement need, this process is biased toward responsibly disclosing such vulnerabilities.
ODNI Public Affairs Office
ODNI General Counsel Robert Litt at the “Sources and Secrets” Panel on “Press Freedom and National Security”
Recorded March 21, 2014
Jill Abramson - Executive Editor, New York Times
Ken Auletta - Journalist, The New Yorker
Martin Baron - Executive Editor, The Washington Post
Robert S. Litt - General Counsel, Office of the Director of National Intelligence
David Remnick - Editor, The New Yorker
Katrina vanden Heuvel - Editor/Publisher, The Nation
Sources and Secrets was presented by the George Polk Awards Program in cooperation with CUNY TV and the Media Law Resource Center and the Media Law Resource Center Institute.
As Delivered Remarks by Secretary of Defense Chuck Hagel at the Retirement Ceremony for General Keith Alexander
Good afternoon ladies and gentlemen.
To my distinguished colleagues, whom I have the honor of sitting with here on this platform this afternoon, to members of Congress who are here, today, we thank and we honor the extraordinary service of General Keith Alexander. We also thank his family: Debbie, Jennifer, Julie, Diana, and Heather, and their hundreds and hundreds of grandchildren.
We thank you all for your tremendous support of Keith over many years, and your tremendous sacrifice to our country. Thank you.
Keith, our country thanks you for your extraordinary 40 years of service and your West Point classmate, Marty Dempsey, will have something to say about you a little later.
He may not be as kind.
As we end an era at the “Fort,” I want to say a few words to the men and women of the National Security Agency, because today, we also honor you, America’s silent sentries.
Given your skills and your training, many of you have left or turned down far more lucrative positions to work here. A 75 percent pay cut is hardly unheard of.
Thousands of you have undertaken multiple, voluntary deployments to combat zones, and your contributions have been decisive. They have made a difference. You enabled the military to dramatically reduce casualties in Iraq and Afghanistan by helping disable improvised explosive devices, and provided critical intelligence that helped hunt down the world’s most notorious terrorists.
Closer to home, your support to U.S. and Mexican authorities has helped combat the violence associated with the ongoing struggle against drug cartels operating near the U.S.-Mexican border.
There is much more that we just simply can’t discuss in public. But we can say this: from the Battle of Midway to the age of terror, our nation’s history would read far differently were it not for the NSA and its predecessors.
As the longest-serving Director of NSA, General Alexander has led this agency through countless intelligence breakthrough and successes. He’s also led NSA through one of the most challenging periods in its history, in our history. And he did so with a fierce, but necessary determination to develop and protect tools vital to our national security.
President Obama’s reforms, including his announcement yesterday on government retention of telephone metadata, reflect both the importance, the importance of signals intelligence—and the importance of honoring our nation’s tradition of privacy rights.
We will continue to engage in a more open dialogue with the American public, as Admiral Rogers emphasized a few weeks ago during his Senate hearing to succeed General Alexander. That is the spirit of today’s first-ever live broadcast from the headquarters of NSA in CYBERCOM.
Newly Released and Reprocessed Documents Responsive to a Freedom of Information Act Request by the Electronic Frontier Foundation
March 28, 2014
Docket Number BR 08-13
In light of the compliance incidents identified and reported by the Government, the FISC ordered NSA to seek Court approval to query the telephony metadata on a case-by-case basis, except where necessary to protect against an imminent threat to human life “until such time as the Government is able to restore the Court’s confidence that the government can and will comply with the previously approved [Court] procedures for accessing such data.”
Docket Number BR 09-06
June 22, 2009 — Order (Updated)
In response to the Government’s reporting of a compliance incident related to NSA’s dissemination of certain query results discovered during NSA’s end-to-end review, the FISC ordered the Government to report on a weekly basis, any disseminations of information from the metadata telephony program outside of NSA and provide further explanation of the incident in its final report upon completion of the end-to-end review.
Docket Number BR: 10-82
November 23, 2010 — Supplemental Order from the Foreign Intelligence Surveillance Court (Newly Released)
Supplemental Order issued by the FISC in response to a government request for records concerning an individual target, not an application requesting records in bulk. The order interprets the relationship between the Right to Financial Privacy Act and Section 215 of the USA PATRIOT Act.
Joint Statement by Attorney General Eric Holder and Director of National Intelligence James Clapper on the Declassification of Renewal of Collection Under Section 215 of the USA PATRIOT Act (50 U.S.C. Sec. 1861)
March 28, 2014
Earlier this year in a speech at the Department of Justice, President Obama announced a transition that would end the Section 215 bulk telephony metadata program as it existed, and that the government would establish a mechanism that preserves the capabilities we need without the government holding this bulk data. As a first step in that transition, the President directed the Attorney General to work with the Foreign Intelligence Surveillance Court (FISC) to ensure that, absent a true emergency, the telephony metadata can only be queried after a judicial finding that there is a reasonable, articulable suspicion that the selection term is associated with an approved international terrorist organization. The President also directed that the query results must be limited to metadata within two hops of the selection term instead of three. These two changes were put into effect on Feb. 5, 2014, when the FISC granted the government’s motion to amend its Jan. 3, 2014, primary order approving the production of telephony metadata collection under Section 215. Following a review for declassification the Jan. 3 primary order, the government’s motion to amend that order, and the order granting the motion were posted to the FISC’s website, as well as the Office of the Director of National Intelligence website and icontherecord.tumblr.com.
In addition to directing those immediate changes to the program, the President also directed the Intelligence Community and the Attorney General to develop options for a new approach to match the capabilities and fill gaps that the Section 215 program was designed to address without the government holding this metadata. He instructed us to report back to him with options for alternative approaches before the program came up for reauthorization on March 28. Consistent with the President’s direction, we provided him with alternative approaches for consideration.
After carefully considering the available options, the President announced yesterday that the best path forward is that the government should not collect or hold this data in bulk, and that it should remain at the telephone companies with a legal mechanism in place that would allow the government to obtain data pursuant to individual orders from the FISC approving the use of specific numbers for such queries. The President also noted that legislation would be required to implement this option.
Given that this legislation is not yet in place, and given the importance of maintaining this capability, the President directed the Department of Justice to seek a 90-day reauthorization of the existing program, which includes the modifications that he directed in January. Consistent with both the President’s direction, and with prior declassification decisions, in light of the significant and continuing public interest in the telephony metadata collection program, DNI Clapper declassified the fact that the United States filed an application with the FISC to reauthorize the existing program as previously modified for 90 days, and that today the FISC issued an order approving the government’s application. The order issued today expires on June 20, 2014. The Administration is undertaking a declassification review of this most recent court order. When the review is complete the ODNI will post the documents to its website and icontherecord.tumblr.com.
Statement from DNI Clapper on Ending the Section 215 Bulk Telephony Metadata Program
March 27, 2014
Today, President Obama announced his proposal for ending the Section 215 Bulk Telephony Metadata Program. The President’s proposal will, with the passage of legislation, ensure that we have the information we need to meet our intelligence requirements while protecting civil liberties and privacy and being as transparent as possible.
I look forward to working with our oversight committees to implement the President’s proposal while we continue to focus on the intelligence challenges facing the United States and our allies.
As we implement the reforms announced today, the hardworking men and women of the Intelligence Community will continue – as we always have – to do our part to keep the nation safe.
James R. Clapper, Director of National Intelligence
THE WHITE HOUSE
Office of the Press Secretary
For Immediate Release - March 27, 2014
BACKGROUND CONFERENCE CALL
BY SENIOR ADMINISTRATION OFFICIALS
ON THE BULK TELEPHONE METADATA PROGRAM
Via Teleconference - 2:02 P.M. CET
MS. HAYDEN: Thank you so much. Hi, everyone. Thanks for joining. We wanted to get you together for a quick call on statements — you either have these or about to receive — on the President’s decision on the Section 215 Bulk Metadata Program. As you’ll see, the President has decided that the best path forward is for the government not to collect or hold this data in bulk, but instead the data would remain at telephone companies.
And to talk about that a little bit further, I’ve got four senior administration officials to talk to you. This call is on background with no embargo. Our speakers are senior administration officials.
Again, from here on, these are senior administration officials. And with that, I’ll turn it over to our first senior administration official.
SENIOR ADMINISTRATION OFFICIAL: Thanks very much, Caitlin. And thanks, folks, for joining the call. Let me just make a few opening comments, and then we’ll have an opportunity to take your questions.
As Caitlin laid out, we’re here to describe the President’s decision about the path forward on the 215 Telephony Bulk Metadata Program, and our desire to work with Congress to see legislation effected to achieve the principles that the President talked about in his January 17th speech.
As you know, in his speech at the Justice Department in January, the President ordered a two-step transition that would end the Section 215 Bulk Telephony Metadata Program as it had previously existed. And he ordered also that we establish a new mechanism to preserve the capabilities we need without the government holding this bulk metadata.
So as the first step in the transition of the Section 215 program, the President ordered two immediate and important changes to the existing program. First, absent an emergency situation, he ordered that the government can only query the Section 215 data after a judge agrees, based on national security concerns, and approves a particular number to be queried.
The second change he ordered was that the result of any query would be limited to data two hops from the selection term or number, instead of three hops. So those were two changes that the President ordered right out of his speech, and he talked about them in his speech.
And the government sought these changes after that speech in January, and the Foreign Intelligence Surveillance Court approved them pursuant to a request by the Department of Justice on February 5th.
So for the second step in the transition that the President ordered — he instructed and he described this in his January 17th speech — he instructed the intelligence community and the Attorney General to work to develop options for a new program that could basically meet two criteria. One, match the capabilities and fill the gaps that the Section 215 metadata program was designed to address. And the second, to do this without the government holding the data.
The President then put his team on a timeline. He instructed them to report back to him with alternatives for consideration before the program would come up for its regular reauthorization period before the Foreign Intelligence Surveillance Court on March 28th. So that brings us obviously to this week.
On March 20, 2014 National Security Agency deputy director Richard Ledgett answered questions about security and privacy at the TED2014 conference.