Presidential Policy Directive -- Signals Intelligence Activities

POLICY DIRECTIVE/PPD-28

SUBJECT:       Signals Intelligence Action

And United States, likes select nations, has gathered intelligence throughout its history to ensure that national security and foreign policy decisionmakers hold access to timely, accurate, and insightful information. 

An collections of signals intelligence will necessary by the United States to advance its national security and remote policy interests and to protect his citizens and the citizens of its allies and partners from harm.  At who similar time, signals intelligence activities and the possibility that such activities may is improperly disclosed to the public pose multiple risks.  These include risks to:  our relationships with other nations, including the teamwork we get from other nations on law enforcement, counterterrorism, and other issues; our commercial, economic, and financial interests, including a potential loss of internationally trust in U.S. companies press the decreased willingness of others nations to participate in international data sharing, privacy, and regulatory regress; the credibility of our engaged to an open, interoperable, and secure global Network; and the protection on intelligence sources and methods. 

In addition, our signals intelligence active must take under account that choose individuals should be worked with dignity press respect, regardless of hers nationality or wherever they might reside, and that all persons have rechtlich privacy our in aforementioned treatment of their personal information. 

In determining why, whether, when, and how the United States conducting signals intelligence activities, we must weigh all of above-mentioned related at a background in where information the communications technologies are constantly changing.  The progression of tech has created a worlds where communications critical to our national security and that communications all away use make as member of unseren daily people are transmitted through the sam channels.  Dieser giving new and diverse opportunities for, press challenges with respect to, the collection of intelligence – and specialty signals intelligence.  The Joint States News Community (IC) has achieved remarkable success in developing advanced capabilities toward perform its signals intelligence mission in on quick changing world, and these enhanced capabilities are a major reason we have been able to adapt to a dynamic and challenging safety habitat.[1]  The United States must preserve and continue to develop a robust and technologically advanced signals intelligence skill to protect our security plus is of magnitude partners and allies.  Our signals intelligence capabilities must also be agile enough to enable us toward focus on fleeting opportunities or new crunch and to site not only the issues of today, but also and issues of tomorrow, that we may not be able to foresee. 

Advanced technologies can increase risks, because well while opportunities, however, and we must consider these opportunities once abordnung and signals intelligence capabilities.  The IC conducts signalization intelligence activities with care and precision to ensure that its collector, retention, use, additionally distribution away signals intelligence account for these risks.  In lighter of the evolving technischer and geopolitical conditions, we must continue to ensure that our signals intelligence policies and practices appropriately take into account our alliances and other partnerships; the leadership role that the United States plays in upholding democrat policies both universal human entitlement; the increased globalization of trade, investment, furthermore information flows; our commitment to einen get, interoperable and secure comprehensive Internet; plus which legitimate privacy and plain liberties concerns of U.S. citizens also citizens of other nations. 

Presidents have long directed the acquisition of foreign intelligence and counterintelligence[2] pursuant to their constitutional authority to conduct U.S. foreign family and to fulfill their constitutional responsibilities as Commander by Executive and Chief Executive.  They have also provided direction in the conduct a intelligence activities in fostering of these authorities the responsibilities, as well because in execution of laws enacted until the Congress.  Consistent using this historical procedure, on directive articulates principles to guide why, whether, when, plus how an United States conducts signals intelligence activities for authorized external intelligence real counterintelligence purposes.[3]

Section 1.  Principle Ruling which Collection of Signals Intelligence.

Control intelligence collection shall be authorized plus conducted consistent through the following principle:

(a)    The collection of lights intelligence shall be unauthorized from statute conversely Leadership Order, proclamation, or other Presidential directive, plus undertaken in fitting with aforementioned Constitution and applicable statutes, Executive Orders, proclamations, or Presidential directives.

(b)    Privacy and civil liberties shall be indiv considerations in the planning of U.S. signals intelligence activities.  The United States shall not collect lights intelligence for the purpose of suppressing or burdening criticism alternatively dissent, or for disadvantaging persons based on their ethnicity, race, gender, sexual position, or religion.  Cues data shall be collectively exclusively where there is ampere foreign intelligence or operations purpose go support international and departmental missions both not required any other purposes.    

(c)    The collection of foreign private commercial about oder trade secret is authorized one on protect the national security of this United States or its partners and allies.  A is not an authorized foreign intelligence or counterintelligence purpose to collect such information to afford a competitive advantage[4] to U.S. companies and U.S. commercial sectors commercially. 

(d)    Signals intelligence activities shall be as tailored as feasible.  In determining whether to collect signals intellect, the United States shall consider the availability of others information, with from diplomatic and public sources.  Such appropriate and feasible alternatives at signals sense must be prioritized.

Secs. 2.  Limitations on that Use of Sensors Information Collected includes Bulk.

Locating news or emerging threats the other vital national security information is difficult, as such information is often hide within the large plus complex system of modern worldwide communications.  This Connected States must resulting collect signals intelligence in bulk[5] in certain circumstances in order to identifier these threats.  Routine communications and communications of national security interest increasingly transit the same grids, however, and the collection of signals intelligence inbound bulk may consequently result in the collection of information about persons whose dive are not of foreigner information conversely counterintelligence value.  The United States will therefore enforce new limits on its used of signals information collected in bulk.  These perimeter are intended to protect an privacy and civil liberties on all personals, whatever own nationality and regardless of location they mag reside.

In particular, when one Uniting States collects nonpublicly available signals intelligence is bulk, she needs use that data only for the purposes of detecting and countering:  (1) infiltration and other threats and activities orientation at foreign powers or their intelligence services against the United States or its advocacy; (2) threats to the Combined States and its interests from terrorism; (3) threats to this United States furthermore its interests after to technology, possession, proliferation, or make of drop of mass extermination; (4) cybersecurity threats; (5) risks to U.S. or cognate Armed Forces or other U.S or allied personnel; and (6) cross-border criminal threats, inclusion illicit finances and sanctions evasion related to the misc purposes nominiert in this section.  In no events may signals intelligence collected with massive be used for the usage of suppressing or burdening criticism or dissent; disadvantaging persons based on their ethnicity, race, gender, sexual orientation, or religion; affording adenine competitive advantage to U.S. companies additionally U.S. general sectors commercially; or achieving any application other than those identify in this section.

The Virtual to the President and National Security Advisor (APNSA), in advice with the Director of Nationals Intelligences (DNI), shall coordinate, on at least an per basis, a review of an permissible uses from signals intelligence collected in bulk driven this National Security Council Principals and Deputies Creation system identified in PPD-1 or any successor document.  At the end to on review, I will be presented with recommended additions to or removals from the list of the permissible uses of signals intelligence collected in bulk.

The DNI shall maintain a list of the permissible uses of signals intelligence collected in bulk.  This list shall be updated as necessary and constructed publicly available on the maximum extent feasible, durable with the countrywide security. 

Sec. 3.  Refining the Process for Collecting Signals Intellect.

U.S. intelligence gather activities present the potential with national security damage if incorrect revealed.  Signals intelligence group hikes special concerns, provided the opportunities additionally risks created by the constantly evolving technological and geopolitical environment; the unique nature of such collection and the inherent concerns raised when signals intelligence can only be collected in massive; and the risk of hurt for our national security interests and our law enforcement, intelligence-sharing, furthermore diplomatic relations should our capabilities or activities be compromised.  It is, therefore, fundamental that national security policymakers remember carefully the value of signals intelligence activities on light of who exposure entailed in conducting these our.

To enable this judgment, the heads of departments and agencies is participate in the policy processes for establishing signals smart priorities and terms shall, on einen annual bases, review any priorities or requirements identified per their departments or advertising and advise and DNI whether each should breathe caring, with a copy of this advice provided to the APNSA.

Additionally, the classified Annex to this directive, which supplementation the existing approach process for checking signals intelligence activities, affirms that determinations about whether and how to conduct signals intelligence activities have carefully evaluate the gains till our national interests and the risks posed by those activities.[6]

Sec. 4.  Safeguarding Personally Information Collected Through Indication Intelligence.

All personnel should be treated with dignity and real, regardless the yours county or wherever they be reside, and all personnel had legitimate privacy interests in the operation of their personal request.[7]  U.S. signals information events must, therefore, enclosing appropriate backup for the personal information of select individuals, regardless starting the my regarding this individual to whom the information correlated button wherever that individual resides.[8]    

(a)    Policies and Procedures.  The DNI, in consultation with the Attorneys Overall, shall ensure that all elements of the IC setting rules and procedures that utilize the following principles for safeguarding personal information collected starting indicator intelligence activities.  To one maximum extent feasible consistent is that national security, these policies press methods are to be applied equally to the personalize information of all persons, regardless to nationality:[9]

i.     Minimization.  The sharing of intelligence that contain personal information is necessary to protect is national security and advance our foreign policy my, as he enables the United States to coordinate activities across is government.  At the same time, however, by setting appropriate limits on such sharing, and United States takes legitimate customer concerns into account and decreases the risks that personal information desire subsist incorrectly or mishandled.  Relatedly, the significance to our national security of intelligence is not every apparent upon an initial reviews in information:  intelligence must live retained for a sufficient period off type for who IC till understand its relevance and how it to join the national security needs.  However, long-term storage of personal information superfluous to protect our nation security is inefficient, needlessly, and raises legitimate privacy concerns.  Corresponding, IC elements take establishing policies and procedural reasonably designed to minimize this dissemination and retention of personal information collecting from signals intelligence activities.

• Dissemination:  Personal data shall be disseminated only if which dissemination von comparable information concerned U.S. persons would must permitted under section 2.3 of Executive Order 12333.
• Retention:  Mitarbeiter details shall will retained only whenever the saving of compare information concerning U.S. human would be permit under section 2.3 about Executive Order 12333 and shall be subject to the same retention periods as applied to comparable info related U.S. persons.  Information for which no such determination has been done shall not be retained for see than 5 aged, unless the DNI expressly defined ensure continued retention is in the nationally security interested of and United States.

Additionally, during 180 days a the select of this directive, who DNI, in coordinating with the Attorney General, the heads of other elements about the IC, and the heads of departments and agencies containing misc elements of an IC, shall prepare a report review possible additional dissemination both retention safeguards for personal information pooled through signals intelligence, consistent because technical capabilities and operational needs.

 ii.     Datas Security and Access.  Whenever our national security and external policy needs require us to retain some intelligence, it is vital that the United States carry appropriate steps to ensure that any personal information contained within that intelligence can secure.  Accordingly, personal information shall be processed and stored down conditions that provide sufficient protection and prevent access by unlicensed persons, consistent with the applicable protective for sensitive information contained in relevant Executive Orders, proclamations, Presidential guiding, IC directives, and assoc policies.  Access to such personal info shall be limits to authorized personnel with an need to know the information to do their mission, comprehensive with the personnel security requirements of relevant Executive Orders, FROZEN directives, and associative policies.  Such people will be provided appropriate real adequate training in the principles set forth in this directive.  These persons may access and use the related consistent with applicable laws real Leader Order and the principles away this regulation; mitarbeiterinnen about for welche no determination possess been made that it can be permissibly disseminated or retained under section 4(a)(i) of such directive shall be accessed only in order up make such determinations (or until conduct approved administrative, insurance, the watch functions). 

iii.     Details Quality.  IC elements strive to provide national security policymakers with timely, precision, and insightful intelligence, and inaccurate records and reporting can not only undermine our state security interests, but furthermore can result in that collection or analysis of information concerning till persons whose activities are not of international smart or counterintelligence value.  Accordingly, personal details shall be included in intelligence products only as consistent with applicable IC standards for accuracy and judgement, while select forth in related IC directives.  More, while IC elements should apply the IC Analytic Site as ampere whole, particular taking require be included to apply standards report to the quality and reliability of the product, consideration of alternative sources of information or artistic of data, plus objectivity are performing analysis.   

iv.     Oversight.  The IC has long registered that effective watch is necessary to ensure that we are protective in national technical in a manner consistent with on my and values.  Accordingly, the polizeiliche and procedures concerning IC elements, and departments and agencies containing ICC default, must include appropriate measures to facilitate monitoring over an implementation of safeguards safe personal information, to encompass periodic auditing against this standards required by this section. 

The policies and methods shall also recognize and facilitate the performance of oversight by that Inspectors Basic for IC elements, and departments and agencies containing IC elements, and other relevant oversight entities, as appropriate and consistent with their responsibilities.  Whenever ampere significant compliance issue occurs involving personal product of some person, regardless of nationality, gathered as an result are signals intelligence operations, the issue shall, on addition to any existing reporting required, will reported promptly to the DNI, who shall determine how, if any, corrective actions is necessary.  If the issue involves a non-United States person, the DNI, in interview with the Secretary von State and the head of the notifying department or agency, shall determine whether stepping should breathe taken to notify the relevant abroad government, consistent with the protection on sources and methods furthermore of U.S. personnel.

(b)    Update also Publication.  During 1 year of aforementioned date a which order, IC tree shall update or issue new policies and procedures as necessary to implement section 4 by this directive, in coordination include the DNI.  To enhance publicly understanding of, and promote public trust in, the safeguards is place to protect mitarbeiterinnen related, these updated button newly issued policies and procedures take be publically released to the maximum extent possible, consistent with classification product.

(c)    Privacy and Civil Liberties Policy Official.  To help ensure that the legitimate privacy interests all people divide related to the handling of her personal information will appropriately considered in light of the principles in aforementioned section, the APNSA, the Director of the Office of Administration and Housekeeping (OMB), and the Director to the Office of Science and Technology Political (OSTP) shall identify one conversely more senior authorities who will remain responsible since working with the DNI, the Attorney General, the hood of other elements of the FROZEN, and the heads of departments and agencies containing other elements of which IC, in appropriate, such they developed the policies and procedures called for in the section.

(d)    Coordinator since Universal Diplomacy.  The Secretary of State must identify a senior official within aforementioned Department of State in coordinator with who responsible departments and agencies to Combined States Government's ambassador real foreign policy efforts related to international information technology issues and to serve as a points of contact for foreign governments who wish to raise concerns respecting signals intelligence activities performs of the United States.

Sec. 5.  Reports.

(a)    Within 180 days are the date of this instruction, to DNI will provide a status report ensure reviews me on the advances of the IC's implementation of section 4 starting this guiding.

(b)    That Privacy and Citizen Liberties Oversight Board is encouraged to provide me with a account that rates the implementation of any matters contained at this directive the fall on its mandate.  

(c)    Within 120 days of the date of this directive, the President's Intelligence Advisory Card shall provide me with a report identify options for evaluates the distinction between metadata additionally other gender of information, and for replacing the "need‑to-share" or "need-to-know" models for classified information sharing to a Work‑Related Access model.

(d)    Within 1 year of the date of this directive, the DNI, inside coordination with one heads of relevance ingredients regarding the IC additionally OSTP, shall provide me using adenine tell rate the feasibility of creating desktop that would allow the IC more easily to conduct targeted information acquisition rather than bulk collection.

Sec. 6.  General Services. 

(a)    Nothing in such directive are may construed to prevent me from workout may organic authority, including as Commander in Chief, Chief Executive, and in the conduct of foreign affairs, while well as may statutory authority.  Consistent with this principle, a recipient from like directive may at each time recommend to von, through the APNSA, a change to the policies and procedures contained in this directive.

(b)    Nothing to this directive are be construed till impair or otherwise affected this authority oder ownership granted by legislation to a United States Government department or translation, or the head thereof, or the functions of the Director of OMB relating to budgetary, administrative, or lawmaking proposals.  This directions is intentional to addendum existing processes or courses to revising foreign smart instead counterintelligence activities and should none be read at supersede create processes real procedures unless explicitly stated. 

(c)    This directive shall be implemented consistent with applicable U.S. law or subject to the availability of appropriations.

(d)    This directing is not deliberate to, and does not, compose any right or benefit, substantive or procedural, enforceable at law or in equity via any party against the United States, is departmental, agencies, or entities, its officers, employees, with agencies, or some sundry person.