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PRI V ACY & CI VIL LI BE RTIES OVE RSIG H T BO ARD

Recommendation Assessment Report

January 29, 2015

Fact Sheet:

PCLOB Recommendations and Their Implementation

In January and July of 2014, the Privacy and Civil Liberties Board issued detailed reports on two 

government intelligence surveillance programs. The first report addressed the NSA’s bulk collection 

of telephone calling records under Section 215 of the USA PATRIOT Act, as well as the operations of 

the Foreign Intelligence Surveillance Court and transparency regarding surveillance. The second 

report addressed surveillance under Section 702 of the Foreign Intelligence Surveillance Act, which 

authorizes collection by the NSA, CIA, and FBI of the contents of communications of non-U.S. 

persons reasonably believed to be located outside the United States. Between the two reports, the 

Board made twenty-two recommendations to the President, Congress, and the Foreign Intelligence 

Surveillance Court to enhance the protection of privacy and civil liberties.

The Board has now assessed how fully its recommendations have been adopted to date, and its 

conclusions are as follows:

 Overall, the Administration has been responsive to the Board’s input. The Administration has 

accepted virtually all recommendations in the Board’s Section 702 report and has made 

substantial progress toward implementing many of them, while also accepting most of the 

recommendations in the Board’s Section 215 report.

 Most recommendations directed at the Administration are still in the process of being 

implemented, however, or have only been accepted in principle, without substantial progress 

yet made toward their implementation. We note that only six months have elapsed since the 

release of the Section 702 report, so there has been less time for implementation.

 However, the Administration has not halted the NSA’s Section 215 telephone records program, 

which it could do at any time without congressional involvement, but instead has continued the 

program, with modifications. At the same time, the Administration has supported legislation, 

which has not yet been enacted, to create a new system for government access to telephone 

records under Section 215.

 Congress has not yet enacted legislation that would, consistent with the Board’s 

recommendation, reform the operations of the Foreign Intelligence Surveillance Court.

 The Administration has made substantial progress in implementing some of the Board’s 

recommendations regarding transparency.

 The Board has established a productive relationship with elements of the Intelligence 

Community and looks forward to working constructively with them on the implementation of 

its recommendations.
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SECTION 215 REPORT RECOMMENDATIONS

Bulk Telephone Records Program

1 End the NSA’s Bulk Telephone Records Program Not Implemented 

(Legislation Proposed)

2

Immediately Add Additional Privacy Safeguards to the Bulk Telephone 

Records Program Implemented in Part

Foreign Intelligence Surveillance Court 

3

Enable the FISC to Hear Independent Views on Novel and Significant 

Matters

Not Implemented 

(Legislation Proposed)

4 Expand Opportunities for Appellate Review of FISC Decisions Not Implemented 

(Legislation Proposed)

5

Take Full Advantage of Existing Opportunities for Outside Legal and 

Technical Input in FISC Matters

FISC Has Taken Action 

Consistent with 

Recommendation

Transparency

6

Publicly Release New FISC and FISCR Decisions that Involve Novel Legal, 

Technical, or Compliance Questions Being Implemented

7

Publicly Release Past FISC and FISCR Decisions that Involve Novel Legal, 

Technical, or Compliance Questions Being Implemented

8 Publicly Report on the Operation of the FISC Special Advocate Program Not Implemented 

(Legislation Proposed)

9

Permit Companies to Disclose Information about Their Receipt of FISA 

Production Orders, and Disclose More Detailed Statistics on Surveillance Being Implemented

10 Inform the PCLOB of FISA Activities and Provide Relevant Congressional 

Reports and FISC Decisions

Accepted, but Awaiting 

Implementation

11 Begin to Develop Principles for Transparency Being Implemented

12 Disclose the Scope of Surveillance Authorities Affecting Americans Implemented in Part
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SECTION 702 REPORT RECOMMENDATIONS

Targeting 

1

Revise NSA Procedures to Better Document the Foreign Intelligence 

Reason for Targeting Decisions

Accepted, but Awaiting 

Implementation

U.S. Person Queries

2

Update the FBI’s Minimization Procedures to Accurately Reflect the 

Bureau’s Querying of Section 702 Data for Non–Foreign Intelligence 

Matters, and Place Additional Limits on the FBI’s Use of Section 702 Data 

in Such Matters

Being Implemented

3

Require NSA and CIA Personnel to Provide a Statement of Facts 

Explaining their Foreign Intelligence Purpose Before Querying Section 

702 Data Using U.S. Person Identifiers, and Develop Written Guidance 

on Applying this Standard

Accepted, but Awaiting 

Implementation

Foreign Intelligence Surveillance Court

4

Provide the FISC with Documentation of Section 702 Targeting Decisions 

and U.S. Person Queries Being Implemented

5

Create and Submit to the FISC a Single Consolidated Document 

Describing All Significant Rules Governing Operation of the Section 702 

Program

Being Implemented

“Upstream” and “About” Collection

6

Periodically Assess Upstream Collection Technology to Ensure that Only 

Authorized Communications Are Acquired

Accepted, but Awaiting 

Implementation

7

Examine the Technical Feasibility of Limiting Particular Types of “About” 

Collection

Accepted, but Awaiting 

Implementation

Transparency

8

Publicly Release the Current Minimization Procedures for the CIA, FBI, 

and NSA Being Implemented

9

Adopt Measures to Document and Publicly Release Information Showing 

How Frequently the NSA Acquires and Uses Communications of U.S. 

Persons and People Located in the United States

Accepted, but Awaiting 

Implementation

Efficacy

10 Develop a Methodology to Assess the Value of Counterterrorism 

Programs Not Implemented