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1

 

 

 PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD

 PUBLIC MEETING

 

 Report on the Surveillance Program

 Operated Pursuant to Section 702 of the 

 Foreign Intelligence Surveillance Act

 

 July 2, 2014

 

 

The public meeting was held at J.W. Marriott, 1331 

Pennsylvania Avenue, NW, Washington, D.C. 20004, 

commencing at 10:00 a.m.

 

 

Reported by: Lynne Livingston
Public Meeting July 2, 2014

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2 (Pages 2 to 5)

2

1 BOARD MEMBERS

2

3 David Medine, Chairman

4 Rachel Brand

5 Patricia Wald

6 James Dempsey

7 Elisebeth Collins Cook

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9

10

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

3

1 PROCEEDINGS

2 MR. MEDINE: Good morning and welcome to a 

3 meeting of the Privacy and Civil Liberties 

4 Oversight Board. 

5 It is 10:00 a.m., and the date is July 

6 2nd, 2014. We are at the J.W. Marriott at 1331 

7 Pennsylvania Avenue, N.W., Washington, D.C. This 

8 hearing was announced in the Federal Register on 

9 June 20th, 2014.

10 As chairman of the Privacy and Civil 

11 Liberties Oversight Board, I will be the presiding 

12 officer. All five Board members are present. 

13 There is a quorum. 

14 The Board members are Rachel Brand, 

15 Elisebeth Collins Cook, James Dempsey, and Patricia 

16 Wald.

17 I will now call the hearing to order. All 

18 in favor of opening the meeting, please say aye. 

19 (Aye)

20 MR. MEDINE: On receiving unanimous 

21 consent to proceed, we will now proceed. 

22 After the meeting has been adjourned, we 

4

1 will not be having a press conference but the 

2 individual members of the Board will be available 

3 to meet with the press. 

4 The Board is convening today to formally 

5 adopt its report on the surveillance program 

6 operated pursuant to Section 702 of the Foreign 

7 Intelligence Surveillance Act. 

8 Section 702 permits the Attorney General 

9 and the Director of National Intelligence to 

10 jointly authorize surveillance of targeted persons 

11 who are not U.S. persons, who are reasonably 

12 believed to be outside of the United States, with 

13 compelled assistance of electronic communication 

14 service providers in order to obtain foreign 

15 intelligence information. 

16 Although U.S. persons may not be targeted 

17 under Section 702, communications however 

18 concerning U.S. persons may be acquired. 

19 The Section 702 program is extremely 

20 complex. It involves multiple agencies collecting 

21 multiple types of information for multiple 

22 purposes.

5

1 Overall, the Board has found that the 

2 information the program collects has been valuable, 

3 effective in protecting the national security and 

4 producing valuable foreign intelligence 

5 information. 

6 The program is operated under a statute 

7 that was publicly debated and the text of the 

8 statute outlines the basic structure of the 

9 program. 

10 The operation of the Section 702 program 

11 has been subject to judicial oversight and 

12 extensive internal supervision and the Board has 

13 found no indication of intentional abuse. 

14 Outside of this fundamental core, certain 

15 aspects of the Section 702 program do raise privacy 

16 concerns and push the program close to the line of 

17 constitutional reasonableness. 

18 Such aspects include the scope of 

19 incidental collection of U.S. persons' 

20 communications, the use of about communications 

21 acquired through the Internet that are neither to 

22 or from the target of the surveillance, and the use 
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1 of such queries to search information collected 

2 under the program for the communications of certain 

3 U.S. persons. 

4 With these concerns in mind, the report 

5 that we are voting on today offers a set of policy 

6 proposals that should strike a better balance 

7 between privacy and civil liberties and national 

8 security, and are designed to push the program more 

9 comfortably into the sphere of reasonableness, 

10 ensuring that the program remains tied to its 

11 constitutionally legitimate core.

12 A key goal of our study is to improve 

13 public understanding of how the program operates. 

14 Therefore, before discussing our proposals I want 

15 to start by dispelling some incorrect notions about 

16 the program's operation. 

17 First, it is not a bulk collection 

18 program. Instead, the program only targets 

19 communications of particular persons. Last year 

20 approximately 90,000 targets were assigned in the 

21 program, but it is not a widespread collection of 

22 information, other than for those who are targeted 

7

1 based on the belief that they are non-U.S. persons 

2 outside the United States with foreign intelligence 

3 value. 

4 Second, non-U.S. persons are not targeted 

5 when the program, the government has only a belief, 

6 a 51 percent likelihood that they are non-U.S. 

7 persons and overseas. There is no 51 percent test. 

8 The government's obligated to exercise a 

9 standard of due diligence in making determinations 

10 based on a totality of the circumstances. 

11 If there is conflicting information 

12 indicating whether a person is located in the 

13 United States or is a U.S. person, that conflict 

14 must be resolved and the user must be determined to 

15 be a non-U.S. person in order to be targeted. 

16 Third, American's emails are not searched 

17 for key words that may be used, such as Osama bin 

18 Laden, that would gather emails that were 

19 discussing things of contemporary events, as 

20 opposed to matters of foreign intelligence. Only 

21 specific selectors such as email addresses may be 

22 used. 

8

1 An important mission of the Board is to 

2 educate the public and enhance public debate by 

3 making the operation of counterterrorism programs 

4 public consistent with national security concerns. 

5 During the process of preparing this 

6 report we sought and obtained declassification of 

7 facts about this still highly classified program in 

8 order to allow us to put in context how the program 

9 operates and clarify some public misconceptions. 

10 As a result, over one hundred new facts 

11 were declassified by the government to provide 

12 needed context for the program's operation. 

13 I want to extend the Board's appreciation 

14 to the personnel at the Office of the Director of 

15 National Intelligence, Department of Justice, NSA, 

16 FBI, and CIA, who worked constructively with the 

17 Board in this process. 

18 The result is the most comprehensive 

19 public description of how the Section 702 program 

20 operates, and we believe that this description will 

21 substantially advance the public's understanding of 

22 the program.

9

1 Turning back to the report, the Board's 

2 factual and legal analysis was adopted unanimously. 

3 The Board also unanimously offers ten 

4 recommendations to strengthen privacy safeguards 

5 and to address these concerns. They are in a 

6 number of categories. 

7 First is the targeting process. The Board 

8 calls for the government to clearly articulate the 

9 foreign intelligence basis for its targeting 

10 decisions. 

11 Second regards the role of the Foreign 

12 Intelligence Surveillance Court, and the Board 

13 calls for the government to submit a sample of 

14 tasking sheets and query terms so the court can 

15 consider them in approving the continued operation 

16 of the program. 

17 In the parts of the program known as 

18 upstream or about, the Board calls for a periodic 

19 assessment to make sure that the best technology is 

20 being used to filter out purely domestic 

21 communications and urges the development of 

22 technology that would permit policy decisions to be 
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1 made concerning whether so-called about collections 

2 should be limited. 

3 In the area of accountability and 

4 transparency, the Board calls for declassification 

5 consistent with national security of FBI, CIA, and 

6 NSA minimization procedures and have the government 

7 provide more insight into the extent to which it 

8 acquires and utilizes communications of U.S. 

9 persons. 

10 With regard to efficacy, the Board asks 

11 the government to develop a comprehensive 

12 methodology for assessing the efficacy of 

13 counterterrorism programs, unless they are with 

14 regard to U.S. person queries, that is queries 

15 using U.S. person selectors of data collected 

16 through the 702 program.

17 In the case of U.S. person queries 

18 conducted by the FBI, the Board agreed that the FBI 

19 should update its minimization procedures to make 

20 it clear that in criminal matters its agents 

21 routinely query the database for Section 702 

22 information.

11

1 The Board also agreed that limits should 

2 be imposed on the FBI's ability to use and disclose 

3 702 data. 

4 Three additional statements are included 

5 in the Board's report representing different Board 

6 members' approaches to limiting the FBI's use and 

7 dissemination of Section 702 information. 

8 One position is that there should be 

9 enhanced internal review of that process. Another 

10 that this question, while not pressing now, should 

11 be addressed before it becomes urgent. And the 

12 third, that such queries should be subject to court 

13 approval before being made.

14 The Board takes the position that the NSA 

15 and CIA should be permitted to query Section 702 

16 data for foreign intelligence purposes using U.S. 

17 person identifiers only based on a statement of 

18 facts that the query is reasonably likely to return 

19 foreign intelligence information as defined in the 

20 Foreign Intelligence Surveillance Act.

21 Judge Wald and I would have gone further, 

22 and we have separately proposed two additional 

12

1 recommendations that were not adopted by a majority 

2 of the Board. 

3 The first is designed to ensure that 

4 communications by Americans are properly purged if 

5 they do not have foreign intelligence value or 

6 constitute evidence of a crimes.

7 The second is that foreign intelligence 

8 queries using American's identifiers should only be 

9 made with court approval.

10 Board members Brand and Cook take the 

11 position that oversight of such queries is already 

12 rigorous and that judicial review is not necessary 

13 or appropriate. 

14 Again, all of the Board's recommendations 

15 are based on policy grounds. In our view none of 

16 them require legislation to be implemented. 

17 As part of this study we conducted two 

18 public hearings and one public workshop and the 

19 Board also solicited public comments through 

20 www.regulations.gov. Dozens of comments were 

21 received and the Board has reviewed all of those 

22 comments. So we appreciate the public input that 

13

1 were valuable to the production of this report.

2 At every step of the way the Board has 

3 received full cooperation of the intelligence 

4 community. While the Board's report was subject to 

5 classification review, none of the changes that 

6 resulted from that process affected our analysis or 

7 recommendations. 

8 The entire report that the Board is going 

9 to vote on today is unclassified. There is no 

10 classified appendix. 

11 Pursuant to the Board's statutory duty to 

12 advise the President and elements of the executive 

13 branch and Congress, the Board briefed staff from 

14 the House and Senate Intelligence and Judiciary 

15 Committees on June 2nd regarding the Board's 

16 tentative conclusions, and senior White House staff 

17 on June 17th. 

18 As I've indicated previously but I also 

19 want to reiterate, in the course of conducting this 

20 study and also our study of the 215 program, we've 

21 found nothing but hardworking men and women in the 

22 intelligence community who are dedicated to 
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1 protecting this country and we've seen no evidence 

2 of misconduct.

3 The 215 and 702 reports fit into the 

4 Board's broader mandate to balance national 

5 security with privacy and civil liberties in 

6 overseeing existing programs and providing advice 

7 on new programs.

8 It's not our institutional job to always 

9 oppose or critique counterterrorism programs but to 

10 objectively analyze them. 

11 We'll soon be holding a public meeting to 

12 discuss where the Board goes from here in the near13 term and get input from the public on the Board's 

14 long-term agenda. 

15 The Board now has sufficient staff to work 

16 on more than one project at a time and we're 

17 looking forward to both expanding our oversight 

18 function, but also our advice function as well. 

19 I want to thank Board staff who were 

20 invaluable in preparing this report and worked 

21 tirelessly, both to study the programs, to analyze 

22 them and to make sure that the classification 

15

1 process went smoothly. 

2 I'll now give individual Board members an 

3 opportunity to address themselves, starting with 

4 Ms. Cook.

5 MS. COLLINS COOK: Thank you, David. I 

6 wanted to also start with thanks to the incredible 

7 work of the staff. For all intents and purposes, 

8 we have been building this airplane as we have been 

9 flying it and it takes extraordinary skill and 

10 dedication to do that. So thank you.

11 I would also commend the chairman, and in 

12 particular our executive director for, again, at 

13 the risk of flying this metaphor too far, their 

14 remarkable work piloting the plane.

15 I wanted to take this opportunity to 

16 briefly discuss some of the recommendations we have 

17 made. We concluded that the Section 702 program is 

18 legal, valuable and subject to intense oversight. 

19 Our recommendations should not be viewed 

20 as an indication of concern about the current 

21 operation of the program. Instead, they are 

22 targeted and focused recommendations for relatively 

16

1 slight changes at the margins of the program.

2 First and foremost, our recommendations as 

3 to queries using U.S. person's identifiers and 

4 about collection are not driven by a concern that 

5 U.S. person's rights are being violated. 

6 Instead, the recommendations are designed 

7 to prevent the Section 702 program from 

8 transforming over time from a foreign 

9 intelligence program to a means of effectively 

10 surveilling U.S. persons. We have seen no evidence 

11 of a back door so our recommendations are designed 

12 to make sure one is not built. 

13 Second, the current requirements for the 

14 foreign intelligence purpose of the targeting 

15 rationale are the natural byproduct of the 

16 statutory structure, as well as the historical 

17 underpinnings of the Section 702 program.

18 Section 702 was designed to move away from 

19 requiring the extensive justification necessary for 

20 a traditional FISA, and for good reason. We are 

21 not recommending a return to a full, traditional 

22 FISA packet, just a statement of facts which will 

17

1 have the effect of increasing the rigor of the 

2 analyst's approach and the oversight process.

3 I also wanted to emphasize the Board's 

4 conclusion as to the value of the program for the 

5 government's counterterrorism efforts, to say 

6 nothing of its larger foreign intelligence 

7 benefits. 

8 This program has assisted the government's 

9 efforts to learn more systematically about the 

10 membership, leadership structure, priorities, 

11 tactics and plans of international terrorist 

12 organizations. It has enabled the discovery of 

13 previously unknown terrorist operatives, provided 

14 the locations and movements of known suspects and 

15 allowed the discovery and disruption of plots 

16 directed against the United States and foreign 

17 countries. 

18 A program can have value, have substantial 

19 value separate and apart from plots thwarted, and 

20 the Section 702 program is an example of that. 

21 Finally, I believe the greatest value of 

22 the Board's report may very well be in dispelling 
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1 the misunderstandings and misconceptions about the 

2 Section 702 program, rather than the 

3 recommendations themselves. Restoring public trust 

4 and confidence can be a matter of education and 

5 transparency and does not always require a change 

6 in the government's operations. 

7 I hope we will now focus on building out 

8 our advisory capacity. The last year has been 

9 largely devoted to oversight but our mandate is 

10 twofold. As we continue to build the permanent, 

11 meaningful federal agency envisioned by the 9/11 

12 Commission and Congress, we have the opportunity to 

13 really think about how best to protect privacy and 

14 civil liberties in light of the need for 

15 counterterrorism programs, and I look forward to 

16 that process.

17 MR. MEDINE: Judge Wald.

18 MS. WALD: Thank you. I too thank 

19 everybody who was engaged in getting this fairly 

20 mammoth and complex report out in record time. 

21 I want to take just a few minutes to put 

22 in context why the Chair and I wrote an additional 

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1 statement dealing with U.S. person queries. 

2 As diligent readers of the report will 

3 recognize, this is a very complex program and its 

4 main thrust is to be able to collect the 

5 communications of foreign non-U.S. persons who are 

6 based abroad. 

7 In that process however. The 

8 communications of U.S. persons may, and are, 

9 collected where they are communicating with the 

10 foreign target. 

11 In many cases the U.S. person may well not 

12 know, probably in most cases may well not know that 

13 they are communicating with a foreign target. 

14 Since we are a privacy oversight Board, 

15 our focus was on the privacy of the U.S. persons 

16 who communicate with targets, in many cases not 

17 knowing that they are targets. 

18 Now if those communications themselves on 

19 their face contain foreign intelligence it seemed 

20 to us quite reasonable, as well as to the other 

21 members of the Board, that the government be able 

22 to use, have access to that foreign intelligence. 

20

1 However, the fact is that in the vast 

2 scope the numbers of communications of U.S. persons 

3 that are collected without their knowing it in this 

4 process, there will be much private and 

5 confidential information, which under normal rules 

6 would be protected as privacy, and with an aura of 

7 Fourth Amendment, whereas these are policy 

8 recommendations. The fact is that everybody, and 

9 this is in the main body of the report, recognized 

10 that Americans have a Fourth Amendment, some Fourth 

11 Amendment interest, protected interest in their 

12 private communications. 

13 So to cut to the chase, the two 

14 recommendations that we felt were needed 

15 additionally were, one, right now these, when U.S. 

16 person's communications come in, they may contain a 

17 lot, could contain a lot of private, confidential 

18 information which is not at all relevant to foreign 

19 intelligence. 

20 At the current practice those are not 

21 purged in any regularized fashion. The 

22 minimization requirements which we propose be made 

21

1 more restrictive say that the analyst, upon review, 

2 but there's no duty to review ever, should be 

3 purged, taken out, but only if clearly they cannot 

4 be of any foreign intelligence value. 

5 And the standard, and this is in the 

6 regular report, the standard that's used is what we 

7 call kind of mosaic standard. The analyst has to 

8 decide that even if right now there appears to be 

9 no foreign intelligence value, is it conceivable 

10 that in some distant future, or some other analyst 

11 or somehow it might become relevant, we don't think 

12 that should be the standard. 

13 We believe that there should be a duty to, 

14 at the point any query is made of U.S. interests, 

15 U.S. person's interests, that there should be a 

16 purging process going on which takes out the 

17 information which is not of foreign 

18 intelligence value. 

19 And we think, as set out in our statement, 

20 that's what the original definitions in the FISA 

21 legislation that still applies to 702, and the 

22 thoughts of the original drafters meant to happen.
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1 So aside from the purging process, very 

2 quickly, the other recommendations we had were for 

3 some kind of judicial oversight. And in this case, 

4 it has to be FISA because there is no access to 

5 regular district courts for individual 

6 applications. 

7 We think that the FISA court should have 

8 to approve a query as being of potential foreign 

9 intelligence value. 

10 The same thing would be true in the case 

11 of the FBI when they send these things through to 

12 see if there's any evidence, when they're making an 

13 assessment or investigation of a regular crime, 

14 there ought to be some judicial approval of the 

15 fact that it's reasonably likely to come up with 

16 foreign intelligence value.

17 Perhaps it's my own experience as a judge, 

18 but I do feel that some kind of outside 

19 non-involved approval ought to be necessary before 

20 the private information of the U.S. persons, which 

21 is not of intelligence value, should be made 

22 accessible in these queries.

23

1 MR. MEDINE: Ms. Brand.

2 MS. BRAND: Thank you, Mr. Chairman. I 

3 echo your thanks to our staff who tirelessly worked 

4 to write this report and to shepherd it through the 

5 pre-classification, pre-clearance review process.

6 Turning to the substance of the report, I 

7 think it's significant that the Board, with our 

8 varied backgrounds and perspectives, unanimously 

9 concluded that this program at its core is 

10 statutorily authorized, constitutional and highly 

11 effective. 

12 I believe that our targeted 

13 recommendations for changes to the program will 

14 further protect civil liberties and privacy without 

15 impacting the effectiveness of the program.

16 I don't plan this morning to address the 

17 separate statement of Chairman Medine and Judge 

18 Wald. I would encourage you to read the separate 

19 statement that Ms. Cook and I published. 

20 But I do want to make two very brief 

21 points this morning to dispel some of the common 

22 misconceptions that have surrounded this program in 

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1 recent months.

2 First, as our report made clear, and as 

3 Chairman Medine has already said, this is not a 

4 bulk collection program or a dragnet. I don't 

5 think we can stress that often enough because that 

6 has been such a common misconception.

7 Under Section 702, the government may only 

8 target individual, non-U.S. persons located outside 

9 the United States whom the government believes will 

10 have foreign intelligence information. 

11 So to impact that, the government may 

12 never target Americans for surveillance under 

13 Section 702, no matter where they're located in the 

14 world. The government may never target anyone 

15 located inside the United States. 

16 The government must select specific 

17 targets for surveillance and collect only the 

18 communications of those targets, and even when 

19 selecting a particular foreigner abroad, the 

20 government must believe that he or she is likely to 

21 possess foreign intelligence information.

22 Second, I'd like to dispel any notion that 

25

1 this program is likely to give the government a 

2 complete or even a significant picture of an 

3 American's private life. 

4 Our report discusses incidental collection 

5 under Section 702, and Chairman Medine already 

6 referenced this. This is the fact that if a 

7 targeted foreigner abroad communicates with a U.S. 

8 person that communication will be collected. 

9 That's an aspect of the program that was understood 

10 by Congress when it enacted Section 702, and it's 

11 unavoidable under the program. 

12 Concerns have been raised about the extent 

13 of incidental collection. We spent a lot of time 

14 as a Board looking at that. But the fact is that 

15 the government doesn't know exactly how many U.S. 

16 person communications are collected under Section 

17 702. 

18 So to address that, we've made 

19 recommendations that the government take measures 

20 to assess the extent of incidental collection, try 

21 to determine the number of U.S. person 

22 communications collected. 
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1 We look fording to seeing the results of 

2 that inquiry and deciding whether any additional 

3 recommendations to the program should be made on 

4 that basis. 

5 But it's already clear based on what we do 

6 know that the chance that any given American will 

7 have any of his or her communications collected 

8 under Section 702, much less a significant number 

9 of them, is remote. 

10 If the individual is in communication with 

11 a particular foreigner abroad who has been targeted 

12 for surveillance under Section 702, then yes, his 

13 communications with that individual will be 

14 collected, but none of his other communications. 

15 And if an individual is regularly in 

16 contact with a number of targeted foreigners 

17 abroad, such that a significant number of his 

18 communications were being incidentally collected, 

19 then that connection could be very important for 

20 the government to know. 

21 Examples such as the Zazi case discussed 

22 in our report demonstrate the value of discovering 

27

1 domestic connections to FISA investigations where 

2 they exist.

3 So I hope that these facts and the rest of 

4 the Board's report will dispel some of the 

5 misconceptions about the program, and I look 

6 forward to working with the government to implement 

7 the recommendations that we've made.

8 MR. MEDINE: Mr. Dempsey.

9 MR. DEMPSEY: Thank you, Mr. Chairman. 

10 Obviously echoing and supporting the comments of 

11 all the Board members, both about the work of our 

12 staff in getting this report to conclusion, I would 

13 say as a person who sort of values his weekends, 

14 there were far too many weekend and evening emails 

15 associated with this report, but that's what it 

16 takes to produce something like this, and I 

17 appreciate the time that people put in on this.

18 I think there are a couple of overarching 

19 points that are very important to recognize here. 

20 One, as the chairman said, everything we 

21 wanted to say is in this unclassified report. 

22 There's nothing that we really wanted to say to 

28

1 explain this program that we were not able to say. 

2 And in the process of producing the report 

3 and pushing it through an interagency review 

4 process of classification, as the chairman said, 

5 one hundred additional discrete facts about the 

6 program were declassified for release. 

7 And I think there's a very important 

8 lesson there about intelligence and national 

9 security in the post 9/11 world, that our 

10 government, any government I believe, but our 

11 government can talk about programs of this nature, 

12 of this importance and that it can be done in an 

13 unclassified way. 

14 Secondly, the report unanimously finds 

15 that the program fits within the statutory 

16 framework that was publicly adopted by Congress. 

17 In this way there's a major contrast between this 

18 program and the 215 telephony metadata program, 

19 which a majority of the Board concluded was not 

20 statutorily authorized. 

21 This program is the program that was 

22 debated by Congress and written into the statute. 

29

1 And I think that as well carries a very important 

2 lesson about intelligence and national security in 

3 a democratic society, that the statute on the books 

4 can describe the governmental powers that are being 

5 exercised. 

6 Thirdly, as to constitutionality, I 

7 remember when Section 702 was being debated there 

8 was a lot of questions being raised about whether a 

9 program targeting non-U.S. persons overseas, people 

10 who under current court interpretations have no 

11 Fourth Amendment rights under our Constitution, 

12 whether a program targeting non-U.S. citizens 

13 abroad implicated the Constitution at all, even 

14 though it clearly was going to intercept some 

15 communications to and from people inside the United 

16 States. 

17 The government now recognizes -- that 

18 debate in my opinion is over with, whether this 

19 program implicates the Constitution. The 

20 government position is, yes, this program does 

21 implicate the Fourth Amendment rights of Americans, 

22 that this program must be analyzed through a 
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1 constitutional lens. 

2 And our report is premised on analyzing 

3 this program through the lens of the Fourth 

4 Amendment insofar as the program collects 

5 communications to and from U.S. citizens and others 

6 in this country. 

7 And I would really urge anybody, including 

8 members of the public, I really think we tried in a 

9 pretty clear way to spell out the constitutional 

10 analysis by which a program like this should be 

11 analyzed and I think really provide a lot of 

12 important clarity to how to think about the 

13 application of the Fourth Amendment to the 

14 Constitution in the context of intelligence 

15 collection programs that collect communications to 

16 and from Americans. 

17 As to some of the controversial aspects of 

18 the program, among the most controversial aspects 

19 are the so-called abouts collection, and to 

20 somewhat a lesser extent the so-called 

21 multi-communication transactions or MCTs. 

22 On both of those the Board found after our 

31

1 really digging deep, deep, deep into this, that 

2 both of those involve almost technological 

3 necessities or byproducts of the way that the 

4 program is operated and the way the technology 

5 associated with the program operates. 

6 And we concluded as to both of them that 

7 as of now it is not possible to avoid, 

8 technologically speaking, not possible to avoid 

9 even abouts collection. 

10 We're not talking key words, we're not 

11 talking collections about an American in that 

12 sense. We're talking collection of communications 

13 that are about the selector that is being searched 

14 for, targeted. 

15 We spell all this out in great detail in 

16 the report. And I'd say that more work is needed 

17 to be done on the technology associated with abouts 

18 collection and with upstream collection in general, 

19 and we urge the government to work with 

20 telecommunication service providers and with other 

21 independent technologists to develop the technology 

22 that will at least allow us to segregate those 

32

1 communications. Then you can have sort of the 

2 policy debate about how and under what criteria to 

3 do so.

4 And finally, on queries, querying the 

5 database of collected 702 data looking for 

6 communications to or from Americans, U.S. persons, 

7 using the identifiers, again, the Board unanimously 

8 agreed that this clearly raises Fourth Amendment 

9 implications and policy implications, and clearly 

10 affects the rights of Americans. 

11 My own view was that trying to limit 

12 discovery of data in the database in the hands of 

13 the government is not the right way to go here, 

14 that discovery of the information should be 

15 permitted under a relatively, under criteria, but 

16 under a relatively flexible and agile and prompt 

17 process. 

18 I do believe that limits should be placed 

19 on the use of that data. And I referenced in my 

20 one paragraph on this issue the President's own 

21 policy directive in which he established limits on 

22 the use, limiting to national security matters the 

33

1 use of data collected about non-U.S. persons abroad 

2 in bulk collection scenarios. I thought that was a 

3 place to look. 

4 This issue will continue to be debated. 

5 Our report is one contribution to that. I think 

6 the Board will continue to be engaged on that 

7 issue, and I think there are a variety of ways in 

8 addition to those spelled out in the two separate 

9 statements by the Board members on that question. 

10 So again, thank you, Mr. Chairman. Thank 

11 you to the Board members. We spent a huge amount 

12 of time on this and debating among ourselves and 

13 the product is found in this unanimous report, 

14 which I do urge you all to read, just don't go for 

15 the headline, dig in on this report. It's, I 

16 think, a remarkable report.

17 MR. MEDINE: Based on the Board's review 

18 of the Section 702 program operated under the 

19 Foreign Intelligence Surveillance Act, I now move 

20 that the Board approve its report and 

21 recommendations. All in favor say aye.

22 (Aye)
Public Meeting July 2, 2014

202-220-4158 www.hendersonlegalservices.com

Henderson Legal Services, Inc.

10 (Pages 34 to 36)

34

1 MR. MEDINE: The vote is unanimous and the 

2 report is now officially approved by the Board. 

3 I also wanted to indicate, as I mentioned 

4 earlier, that the Board will be holding a public 

5 meeting later this month to vote on the issuance of 

6 its semiannual report, to discuss the Board's 

7 short-term agenda and to seek public input on the 

8 Board's medium and long-term agenda. 

9 I now move that the Board approve the 

10 publication in the Federal Register of a notice 

11 announcing that meeting to be held on July 23rd at 

12 1:00 p.m. All in favor say aye.

13 (Aye)

14 MR. MEDINE: The vote is unanimous and the 

15 Federal Register notice for the July 23rd meeting 

16 will be published.

17 The Board's activities for the day are now 

18 complete. The Board encourages all those who are 

19 interested in reviewing the report, as Mr. Dempsey 

20 said, to go to www.pclob.gov where our report can 

21 be reviewed and downloaded. 

22 A transcript of today's meeting will also 

35

1 be posted on our website.

2 All in favor of adjourning the meeting 

3 please say aye. 

4 (Aye)

5 MR. MEDINE: Upon receiving unanimous 

6 consent to adjourn, we are now adjourned. The time 

7 is 10:35. Thank you.

8 (Whereupon, at 10:35 a.m., the meeting was 

9 adjourned.)

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

36

1 CERTIFICATION

2

3

4 I, LYNNE LIVINGSTON, A Notary Public of 

5 the State of Maryland, Baltimore County, do hereby 

6 certify that the proceedings contained herein were 

7 recorded by me stenographically; that this 

8 transcript is a true record of the proceedings.

9 I further certify that I am not of counsel 

10 to any of the parties, nor in any way interested in 

11 the outcome of this action.

12 As witness my hand and notarial seal this 

13 ________ day of __________________________, 2014.

14 ________________________________

15 Lynne Livingston

16 Notary Public

17 My commission expires: December 10, 2014

18 

19 

20 

21 

22 
Public Meeting July 2, 2014

202-220-4158 www.hendersonlegalservices.com

Henderson Legal Services, Inc.

1

A

ability 11:2

able 19:4,21

28:1

abouts 30:19

31:9,17

abroad 19:6

24:19 25:7

26:11,17 29:13

33:1

abuse 5:13

access 19:22

22:4

accessible 22:22

accountability

10:3

acquired 4:18

5:21

acquires 10:8

act 1:8 4:7 11:20

33:19

action 36:11

activities 34:17

addition 33:8

additional 11:4

11:22 18:22

26:2 28:5

additionally

20:15

address 9:5 15:3

23:16 25:18

addressed 11:11

addresses 7:21

adjourn 35:6

adjourned 3:22

35:6,9

adjourning 35:2

adopt 4:5

adopted 9:2

12:1 28:16

advance 8:21

advice 14:6,18

advise 13:12

advisory 18:8

agencies 4:20

agency 18:11

agenda 14:14

34:7,8

agents 10:20

agile 32:16

agreed 10:18

11:1 32:8

airplane 15:8

allow 8:8 31:22

allowed 17:15

amendment

20:7,10,11

29:11,21 30:4

30:13 32:8

american 26:6

31:11

americans 7:16

12:4,8 20:10

24:12 25:3

29:21 30:16

32:6,10

amount 33:11

analysis 9:2

13:6 30:10

analyst 21:1,7

21:10

analysts 17:2

analyze 14:10

14:21

analyzed 29:22

30:11

analyzing 30:2

announced 3:8

announcing

34:11

anybody 30:7

apart 17:19

appears 21:8

appendix 13:10

application

30:13

applications

22:6

applies 21:21

appreciate

12:22 27:17

appreciation

8:13

approach 17:2

approaches 11:6

appropriate

12:13

approval 11:13

12:9 22:14,19

approve 22:8

33:20 34:9

approved 34:2

approving 9:15

approximately

6:20

area 10:3

articulate 9:8

aside 22:1

asks 10:10

aspect 25:9

aspects 5:15,18

30:17,18

assess 25:20

assessing 10:12

assessment 9:19

22:13

assigned 6:20

assistance 4:13

assisted 17:8

associated 27:15

31:5,17

attorney 4:8

aura 20:6

authorize 4:10

authorized

23:10 28:20

available 4:2

avenue 1:15 3:7

avoid 31:7,8

aye 3:18,19

33:21,22 34:12

34:13 35:3,4

B

back 9:1 16:11

backgrounds

23:8

balance 6:6 14:4

baltimore 36:5

based 7:1,10

11:17 12:15

19:6 26:5

33:17

basic 5:8

basis 9:9 26:4

belief 7:1,5

believe 8:20

17:21 21:13

23:12 24:20

28:10 32:18

believed 4:12

believes 24:9

benefits 17:7

best 9:19 18:13

better 6:6

bin 7:17

board 1:3 2:1

3:4,11,12,14

4:2,4 5:1,12

8:1,17 9:3,7,12

9:18 10:4,10

10:18 11:1,5

11:14 12:2,10

12:19,21 13:2

13:8,13 14:12

14:15,19 15:2

19:14,21 23:7

25:14 27:11

28:19 30:22

32:7 33:6,9,11

33:20 34:2,4,9

34:18

boards 8:13 9:1

11:5 12:14

13:4,11,15

14:4,13 17:3

17:22 27:4

33:17 34:6,8

34:17

body 20:9

books 29:3

branch 13:13

brand 2:4 3:14

12:10 23:1,2

brief 23:20

briefed 13:13

briefly 15:16

broader 14:4

build 18:10

building 15:8

18:7

built 16:12

bulk 6:17 24:4

33:2

byproduct

16:15

byproducts 31:3

C

c 1:15 3:7

call 3:17 21:7

calls 9:8,13,18

10:4

capacity 18:8

carries 29:1

case 10:17 22:3

22:10 26:21

cases 19:11,12

19:16

categories 9:6

certain 5:14 6:2

certification

36:1

certify 36:6,9

chair 18:22

chairman 2:3

3:10 15:11

23:2,17 24:3

25:5 27:9,20
Public Meeting July 2, 2014

202-220-4158 www.hendersonlegalservices.com

Henderson Legal Services, Inc.

2

28:4 33:10

chance 26:6

change 18:5

changes 13:5

16:1 23:13

chase 20:13

cia 8:16 10:5

11:15

circumstances

7:10

citizens 29:12

30:5

civil 1:3 3:3,10

6:7 14:5 18:14

23:14

clarify 8:9

clarity 30:12

classification

13:5 14:22

28:4

classified 8:7

13:10

clear 10:20 24:2

26:5 30:9

clearly 9:8 21:3

29:14 32:8,9

close 5:16

collect 19:4

24:17 30:15

collected 6:1

10:15 19:9

20:3 25:8,16

25:22 26:7,14

26:18 32:5

33:1

collecting 4:20

collection 5:19

6:17,21 16:4

24:4 25:4,13

25:20 30:15,19

31:9,12,18,18

33:2

collections 10:1

31:11

collects 5:2 30:4

collins 2:7 3:15

15:5

come 20:16

22:15

comfortably 6:9

commencing

1:16

commend 15:11

comments 12:19

12:20,22 27:10

commission

18:12 36:17

committees

13:15

common 23:21

24:6

communicate

19:16

communicates

25:7

communicating

19:9,13

communication

4:13 25:8

26:10

communicatio...

4:17 5:20,20

6:2,19 9:21

10:8 12:4 19:5

19:8,18 20:2

20:12,16 24:18

25:16,22 26:7

26:13,14,18

29:15 30:5,15

31:12 32:1,6

community 13:4

13:22

compelled 4:13

complete 25:2

34:18

complex 4:20

18:20 19:3

comprehensive

8:18 10:11

conceivable

21:9

concern 15:20

16:4

concerning 4:18

10:1

concerns 5:16

6:4 8:4 9:5

25:12

concluded 15:17

23:9 28:19

31:6

conclusion 17:4

27:12

conclusions

13:16

conducted 10:18

12:17

conducting

13:19

conference 4:1

confidence 18:4

confidential

20:5,17

conflict 7:13

conflicting 7:11

congress 13:13

18:12 25:10

28:16,22

connection

26:19

connections

27:1

consent 3:21

35:6

consider 9:15

consistent 8:4

10:5

constitute 12:6

constitution

29:11,13,19

30:14

constitutional

5:17 23:10

30:1,9

constitutional...

29:6

constitutionally

6:11

constructively

8:16

contact 26:16

contain 19:19

20:16,17

contained 36:6

contemporary

7:19

context 8:8,12

18:22 30:14

continue 18:10

33:4,6

continued 9:15

contrast 28:17

contribution

33:5

controversial

30:17,18

convening 4:4

cook 2:7 3:15

12:10 15:4,5

23:19

cooperation

13:3

core 5:14 6:11

23:9

counsel 36:9

counterterror...

8:3 10:13 14:9

17:5 18:15

countries 17:17

country 14:1

30:6

county 36:5

couple 27:18

course 13:19

court 9:12,14

11:12 12:9

22:7 29:10

courts 22:5

crime 22:13

crimes 12:6

criminal 10:20

criteria 32:2,15

critique 14:9

current 15:20

16:13 20:20

29:10

cut 20:13

D

d 1:15 3:7

data 10:15 11:3

11:16 32:5,12

32:19 33:1

database 10:21

32:5,12

date 3:5

david 2:3 15:5

day 34:17 36:13

dealing 19:1

debate 8:2 29:18

32:2

debated 5:7

28:22 29:7

33:4

debating 33:12

december 36:17

decide 21:8

deciding 26:2

decisions 9:10

9:22

declassification

8:6 10:4

declassified

8:11 28:6

dedicated 13:22

dedication

15:10

deep 31:1,1,1

defined 11:19

definitions
Public Meeting July 2, 2014

202-220-4158 www.hendersonlegalservices.com

Henderson Legal Services, Inc.

3

21:20

democratic 29:3

demonstrate

26:22

dempsey 2:6

3:15 27:8,9

34:19

department

8:15

describe 29:4

description 8:19

8:20

designed 6:8

12:3 16:6,11

16:18

detail 31:15

determinations

7:9

determine 25:21

determined 7:14

develop 10:11

31:21

development

9:21

devoted 18:9

different 11:5

dig 33:15

digging 31:1

diligence 7:9

diligent 19:2

directed 17:16

directive 32:21

director 4:9

8:14 15:12

disclose 11:2

discovering

26:22

discovery 17:12

17:15 32:12,14

discrete 28:5

discuss 14:12

15:16 34:6

discussed 26:21

discusses 25:4

discussing 6:14

7:19

dispel 23:21

24:22 27:4

dispelling 6:15

17:22

disruption

17:15

dissemination

11:7

distant 21:10

district 22:5

doesnt 25:15

domestic 9:20

27:1

dont 21:11

23:16 24:4

33:14

door 16:11

downloaded

34:21

dozens 12:20

drafters 21:22

dragnet 24:4

driven 16:4

due 7:9

duty 13:11 21:2

21:13

E

earlier 34:4

echo 23:3

echoing 27:10

educate 8:2

education 18:4

effect 17:1

effective 5:3

23:11

effectively 16:9

effectiveness

23:15

efficacy 10:10

10:12

efforts 17:5,9

electronic 4:13

elements 13:12

elisebeth 2:7

3:15

email 7:21

emails 7:16,18

27:14

emphasize 17:3

enabled 17:12

enacted 25:10

encourage 23:18

encourages

34:18

engaged 18:19

33:6

enhance 8:2

enhanced 11:9

ensure 12:3

ensuring 6:10

entire 13:8

envisioned

18:11

established

32:21

evening 27:14

events 7:19

everybody

18:19 20:8

evidence 12:6

14:1 16:10

22:12

exactly 25:15

example 17:20

examples 26:21

executive 13:12

15:12

exercise 7:8

exercised 29:5

exist 27:2

existing 14:6

expanding

14:17

experience

22:17

expires 36:17

explain 28:1

extend 8:13

extensive 5:12

16:19

extent 10:7

25:12,20 30:20

extraordinary

15:9

extremely 4:19

F

face 19:19

fact 20:1,8 22:15

25:6,14

facts 8:7,10

11:18 16:22

27:3 28:5

factual 9:2

fairly 18:19

far 15:13 27:14

fashion 20:21

favor 3:18 33:21

34:12 35:2

fbi 8:16 10:5,18

10:18 22:11

fbis 11:2,6

federal 3:8

18:11 34:10,15

feel 22:18

felt 20:14

filter 9:20

finally 17:21

32:4

finds 28:14

first 6:17 9:7

12:3 16:2 24:2

fisa 16:20,22

21:20 22:4,7

27:1

fit 14:3

fits 28:15

five 3:12

flexible 32:16

flying 15:9,13

focus 18:7 19:15

focused 15:22

fording 26:1

foreign 1:8 4:6

4:14 5:4 7:2,20

9:9,11 11:16

11:19,20 12:5

12:7 16:8,14

17:6,16 19:5

19:10,13,19,22

20:18 21:4,9

21:17 22:8,16

24:10,21 33:19

foreigner 24:19

25:7 26:11

foreigners 26:16

foremost 16:2

formally 4:4

forward 14:17

18:15 27:6

found 5:1,13

13:21 30:22

33:13

fourth 20:7,10

20:10 29:11,21

30:3,13 32:8

framework

28:16

full 13:3 16:21

function 14:18

14:18

fundamental

5:14

further 11:21

23:14 36:9

future 21:10

G

gather 7:18

general 4:8

31:18

getting 18:19

27:12
Public Meeting July 2, 2014

202-220-4158 www.hendersonlegalservices.com

Henderson Legal Services, Inc.

4

give 15:2 25:1

given 26:6

go 32:13 33:14

34:20

goal 6:12

goes 14:12

going 13:8 21:16

29:14

good 3:2 16:20

gov 12:20 34:20

government 7:5

8:11 9:8,13

10:6,11 19:21

24:7,9,11,14

24:16,20 25:1

25:15,19 26:20

27:6 28:10,10

28:11 29:17,20

31:19 32:13

governmental

29:4

governments

7:8 17:5,8 18:6

great 31:15

greatest 17:21

grounds 12:15

H

hand 36:12

hands 32:12

happen 21:22

hardworking

13:21

headline 33:15

hearing 3:8,17

hearings 12:18

held 1:14 34:11

highly 8:7 23:10

historical 16:16

holding 14:11

34:4

hope 18:7 27:3

house 13:14,16

huge 33:11

hundred 8:10

28:5

I

id 24:22 31:16

identifiers 11:17

12:8 16:3 32:7

ill 15:2

impact 24:11

impacting 23:15

implement 27:6

implemented

12:16

implicate 29:21

implicated

29:13

implicates 29:19

implications

32:9,9

importance

28:12

important 8:1

26:19 27:19

28:7 29:1

30:12

imposed 11:2

improve 6:12

incidental 5:19

25:4,13,20

incidentally

26:18

include 5:18

included 11:4

including 30:7

incorrect 6:15

increasing 17:1

incredible 15:6

independent

31:21

indicate 34:3

indicated 13:18

indicating 7:12

indication 5:13

15:20

individual 4:2

15:2 22:5 24:8

26:10,13,15

information

4:15,21 5:2,5

6:1,22 7:11

10:22 11:7,19

20:5,18 21:17

22:20 24:10,21

32:14

input 12:22

14:13 34:7

inquiry 26:2

inside 24:15

29:15

insight 10:7

insofar 30:4

institutional

14:8

intelligence 1:8

4:7,9,15 5:4

7:2,20 8:15 9:9

9:12 11:16,19

11:20 12:5,7

13:3,14,22

16:9,14 17:6

19:19,22 20:19

21:4,9,18 22:9

22:16,21 24:10

24:21 28:8

29:2 30:14

33:19

intense 15:18

intentional 5:13

intents 15:7

interagency

28:3

intercept 29:14

interest 20:11

20:11

interested 34:19

36:10

interests 21:14

21:15

internal 5:12

11:9

international

17:11

internet 5:21

interpretations

29:10

invaluable

14:20

investigation

22:13

investigations

27:1

involve 31:2

involves 4:20

issuance 34:5

issue 32:20 33:4

33:7

ive 13:18

J

j 1:14 3:6

james 2:6 3:15

job 14:8

jointly 4:10

judge 11:21

18:17 22:17

23:17

judicial 5:11

12:12 22:3,14

judiciary 13:14

july 1:10 3:5

34:11,15

june 3:9 13:15

13:17

justice 8:15

justification

16:19

K

key 6:12 7:17

31:10

kind 21:7 22:3

22:18

know 19:12,12

25:15 26:6,20

knowing 19:17

20:3

known 9:17

17:14

L

laden 7:18

largely 18:9

larger 17:6

leadership

17:10

learn 17:9

legal 9:2 15:18

legislation 12:16

21:21

legitimate 6:11

lens 30:1,3

lesser 30:20

lesson 28:8 29:2

liberties 1:3 3:3

3:11 6:7 14:5

18:14 23:14

life 25:3

light 18:14

likelihood 7:6

limit 32:11

limited 10:2

limiting 11:6

32:22

limits 11:1

32:18,21

line 5:16

livingston 1:22

36:4,15

located 7:12

24:8,13,15

locations 17:14

longterm 14:14

34:8

look 18:15 26:1

27:5 33:3

looking 14:17
Public Meeting July 2, 2014

202-220-4158 www.hendersonlegalservices.com

Henderson Legal Services, Inc.

5

25:14 32:5

lot 20:17,17

25:13 29:8

30:11

lynne 1:22 36:4

36:15

M

m 1:16 3:5 34:12

35:8

main 19:4 20:9

major 28:17

majority 12:1

28:19

making 7:9 8:3

22:12

mammoth 18:20

mandate 14:4

18:9

margins 16:1

marriott 1:14

3:6

maryland 36:5

matter 18:4

24:13

matters 7:20

10:20 32:22

mcts 30:21

meaningful

18:11

means 16:9

meant 21:22

measures 25:19

medine 2:3 3:2

3:20 18:17

23:1,17 24:3

25:5 27:8

33:17 34:1,14

35:5

medium 34:8

meet 4:3

meeting 1:4,14

3:3,18,22

14:11 34:5,11

34:15,22 35:2

35:8

members 2:1

3:12,14 4:2

11:6 12:10

15:2 19:21

27:11 30:8

33:9,11

membership

17:10

men 13:21

mentioned 34:3

metadata 28:18

metaphor 15:13

methodology

10:12

mind 6:4

minimization

10:6,19 20:22

minutes 18:21

misconception

24:6

misconceptions

8:9 18:1 23:22

27:5

misconduct 14:2

mission 8:1

misunderstan...

18:1

month 34:5

months 24:1

morning 3:2

23:16,21

mosaic 21:7

move 16:18

33:19 34:9

movements

17:14

multicommun...

30:21

multiple 4:20,21

4:21

N

n 3:7

national 4:9 5:3

6:7 8:4,15 10:5

14:4 28:8 29:2

32:22

natural 16:15

nature 28:11

near 14:12

necessary 12:12

16:19 22:19

necessities 31:3

need 18:14

needed 8:12

20:14 31:16

neither 5:21

never 24:12,14

new 8:10 14:7

noninvolved

22:19

nonu 7:1,4,6,15

19:5 24:8 29:9

29:12 33:1

normal 20:5

notarial 36:12

notary 36:4,16

notice 34:10,15

notion 24:22

notions 6:15

nsa 8:15 10:6

11:14

number 9:6

25:21 26:8,16

26:17

numbers 20:2

nw 1:15

O

objectively

14:10

obligated 7:8

obtain 4:14

obtained 8:6

obviously 27:10

offers 6:5 9:3

office 8:14

officer 3:12

officially 34:2

opening 3:18

operated 1:7 4:6

5:6 31:4 33:18

operates 6:13

8:9,20 31:5

operation 5:10

6:16 8:3,12

9:15 15:21

operations 18:6

operatives 17:13

opinion 29:18

opportunity

15:3,15 18:12

oppose 14:9

opposed 7:20

order 3:17 4:14

7:15 8:8

organizations

17:12

original 21:20

21:22

osama 7:17

ought 22:14,19

outcome 36:11

outlines 5:8

outside 4:12

5:14 7:2 22:18

24:8

overall 5:1

overarching

27:18

overseas 7:7

29:9

overseeing 14:6

oversight 1:3

3:4,11 5:11

12:11 14:17

15:18 17:2

18:9 19:14

22:3

P

p 34:12

packet 16:22

paragraph

32:20

part 12:17

particular 6:19

15:12 24:19

26:11

parties 36:10

parts 9:17

patricia 2:5 3:15

pclob 34:20

pennsylvania

1:15 3:7

people 27:17

29:9,15

percent 7:6,7

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permanent

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permits 4:8

permitted 11:15

32:15

person 7:12,13

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19:1,11 25:8

25:16,21 27:13

personnel 8:14

persons 4:10,11

4:16,18 5:19

6:3,19 7:1,4,7

10:9 16:3,5,10

19:5,8,15 20:2

20:16 21:15

22:20 24:8

29:9 32:6 33:1

perspectives

23:8

picture 25:2

piloting 15:14
Public Meeting July 2, 2014

202-220-4158 www.hendersonlegalservices.com

Henderson Legal Services, Inc.

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place 33:3

placed 32:18

plan 23:16

plane 15:14

plans 17:11

please 3:18 35:3

plots 17:15,19

point 21:14

points 23:21

27:19

policy 6:5 9:22

12:15 20:7

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position 11:8,14

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possess 24:21

possible 31:7,8

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posted 35:1

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powers 29:4

practice 20:20

preclassificati...

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preclearance

23:5

premised 30:2

preparing 8:5

14:20

present 3:12

president 13:12

presidents 32:20

presiding 3:11

press 4:1,3

pressing 11:10

pretty 30:9

prevent 16:7

previously

13:18 17:13

priorities 17:10

privacy 1:3 3:3

3:10 5:15 6:7

9:4 14:5 18:13

19:14,15 20:6

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private 20:4,12

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25:3

probably 19:12

procedures 10:6

10:19

proceed 3:21,21

proceedings 3:1

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process 8:5,17

9:7 11:9 13:6

15:1 17:2

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28:4 32:17

produce 27:16

producing 5:4

28:2

product 33:13

production 13:1

program 1:6 4:5

4:19 5:2,6,9,10

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18:2 19:3 23:9

23:13,15,22

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26:3 27:5 28:1

28:6,15,18,18

28:21,21 29:9

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31:4,5 33:18

programs 6:16

8:3,12 10:13

14:6,7,9,21

18:15 28:11

30:15

project 14:16

prompt 32:16

properly 12:4

proposals 6:6,14

propose 20:22

proposed 11:22

protect 18:13

23:14

protected 20:6

20:11

protecting 5:3

14:1

provide 8:11

10:7 30:11

provided 17:13

providers 4:14

31:20

providing 14:6

public 1:4,14

6:13 8:2,2,4,9

8:19 12:18,18

12:19,22 14:11

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30:8 34:4,7

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publication

34:10

publicly 5:7

28:16

publics 8:21

published 23:19

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purely 9:20

purged 12:4

20:21 21:3

purging 21:16

22:1

purpose 16:14

purposes 4:22

11:16 15:7

pursuant 1:7

4:6 13:11

push 5:16 6:8

pushing 28:3

put 8:8 18:21

27:17

Q

queries 6:1

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11:12 12:8,11

16:3 19:1

22:22 32:4

query 9:14

10:21 11:15,18

21:14 22:8

querying 32:4

question 11:10

33:9

questions 29:8

quickly 22:2

quite 19:20

quorum 3:13

R

rachel 2:4 3:14

raise 5:15

raised 25:12

29:8

raises 32:8

rationale 16:15

read 23:18

33:14

readers 19:2

really 18:13

27:22 30:7,8

30:11 31:1

reason 16:20

reasonable

19:20

reasonableness

5:17 6:9

reasonably 4:11

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received 12:21

13:3

receiving 3:20

35:5

recognize 19:3

27:19

recognized 20:9

recognizes

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recommendat...

9:4 12:1,14

13:7 15:16,19

15:22 16:2,6

16:11 18:3

20:8,14 22:2

23:13 25:19

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33:21

recommending

16:21

record 18:20

36:8

recorded 36:7

referenced 25:6

32:19

regard 10:10,14

regarding 13:15

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register 3:8

34:10,15

regular 21:6

22:5,13

regularized

20:21

regularly 26:15

regulations

12:20

reiterate 13:19

relatively 15:22

32:15,16

release 28:6

relevant 20:18

21:11

remains 6:10

remarkable

15:14 33:16
Public Meeting July 2, 2014

202-220-4158 www.hendersonlegalservices.com

Henderson Legal Services, Inc.

7

remember 29:7

remote 26:9

report 1:6 4:5

6:4 8:6 9:1

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reported 1:22

reports 14:3

representing

11:5

require 12:16

18:5

requirements

16:13 20:22

requiring 16:19

resolved 7:14

rest 27:3

restoring 18:3

restrictive 21:1

result 8:10,18

resulted 13:6

results 26:1

return 11:18

16:21

review 11:9

12:12 13:5

21:1,2 23:5

28:3 33:17

reviewed 12:21

34:21

reviewing 34:19

right 20:15 21:8

32:13

rights 16:5

29:11,21 32:10

rigor 17:1

rigorous 12:12

risk 15:13

role 9:11

routinely 10:21

rules 20:5

S

s 4:11,16,18

5:19 6:3 7:1,4

7:6,13,15 10:8

10:14,15,17

11:16 16:3,5

16:10 19:1,5,8

19:11,15 20:2

20:15 21:14,15

22:20 24:8

25:7,15,21

29:9,12 30:5

32:6 33:1

safeguards 9:4

sample 9:13

scenarios 33:2

scope 5:18 20:2

seal 36:12

search 6:1

searched 7:16

31:13

second 7:4 9:11

12:7 16:13

24:22

secondly 28:14

section 1:7 4:6,8

4:17,19 5:10

5:15 8:19

10:21 11:7,15

15:17 16:7,17

16:18 17:20

18:2 24:7,13

25:5,10,16

26:8,12 29:7

33:18

security 5:3 6:8

8:4 10:5 14:5

28:9 29:2

32:22

see 22:12

seeing 26:1

seek 34:7

seen 14:1 16:10

segregate 31:22

select 24:16

selecting 24:19

selector 31:13

selectors 7:21

10:15

semiannual 34:6

senate 13:14

send 22:11

senior 13:16

sense 31:12

separate 17:19

23:17,18 33:8

separately 11:22

service 4:14

31:20

set 6:5 21:19

sheets 9:14

shepherd 23:4

shortterm 34:7

significant 23:7

25:2 26:8,17

skill 15:9

slight 16:1

smoothly 15:1

socalled 10:1

30:19,20

society 29:3

solicited 12:19

somewhat 30:20

soon 14:11

sort 27:13 32:1

sought 8:6

speaking 31:8

specific 7:21

24:16

spell 30:9 31:15

spelled 33:8

spent 25:13

33:11

sphere 6:9

staff 13:13,16

14:15,19 15:7

23:3 27:12

standard 7:9

21:5,6,7,12

start 6:15 15:6

starting 15:3

state 36:5

statement 11:17

16:22 19:1

21:19 23:17,19

statements 11:4

33:9

states 4:12 7:2

7:13 17:16

24:9,15 29:16

statute 5:6,8

28:22 29:3

statutorily

23:10 28:20

statutory 13:11

16:16 28:15

stenographica...

36:7

step 13:2

strengthen 9:4

stress 24:5

strike 6:6

structure 5:8

16:16 17:10

study 6:12 12:17

13:20,20 14:21

subject 5:11

11:12 13:4

15:18

submit 9:13

substance 23:6

substantial

17:18

substantially

8:21

sufficient 14:15

supervision

5:12

supporting

27:10

sure 9:19 14:22

16:12

surrounded

23:22

surveillance 1:6

1:8 4:5,7,10

5:22 9:12

11:20 24:12,17

26:12 33:19

surveilling

16:10

suspects 17:14

systematically

17:9

T

tactics 17:11

take 12:10 15:15

18:21 25:19

taken 21:3

takes 11:14 15:9

21:16 27:16

talk 28:11

talking 31:10,11

31:12

target 5:22

19:10,13 24:8

24:12,14

targeted 4:10,16

6:22 7:4,15

15:22 23:12

25:7 26:11,16

31:14

targeting 9:7,9

16:14 29:9,12

targets 6:18,20

19:16,17 24:17

24:18

tasking 9:14
Public Meeting July 2, 2014

202-220-4158 www.hendersonlegalservices.com

Henderson Legal Services, Inc.

8

technological

31:2

technologically

31:8

technologists

31:21

technology 9:19

9:22 31:4,17

31:21

telecommunic...

31:20

telephony 28:18

ten 9:3

tentative 13:16

term 14:13

terms 9:14

terrorist 17:11

17:13

test 7:7

text 5:7

thank 14:19

15:5,10 18:18

18:18 23:2

27:9 33:10,10

35:7

thanks 15:6

23:3

thats 21:6,20

25:9 27:15

theres 21:2

22:12 27:22

28:7,17

theyre 22:12

24:13

thing 22:10

things 7:19

22:11

think 18:13

21:11,19 22:7

23:7 24:5

27:18 28:7

29:1 30:8,11

30:12 33:5,7

33:16

third 7:16 11:12

thirdly 29:6

thought 33:2

thoughts 21:22

three 11:4

thrust 19:4

thwarted 17:19

tied 6:10

time 14:16 16:8

18:20 25:13

27:17 33:12

35:6

tirelessly 14:21

23:3

today 4:4 6:5

13:9

todays 34:22

totality 7:10

traditional

16:20,21

transactions

30:21

transcript 34:22

36:8

transforming

16:8

transparency

10:4 18:5

tried 30:8

true 22:10 36:8

trust 18:3

try 25:20

trying 32:11

turning 9:1 23:6

two 11:22 12:17

20:13 23:20

33:8

twofold 18:10

types 4:21

U

u 4:11,16,18

5:19 6:3 7:13

10:8,14,15,17

11:16 16:3,5

16:10 19:1,8

19:11,15 20:2

20:15 21:14,15

22:20 25:7,15

25:21 30:5

32:6

unanimous 3:20

33:13 34:1,14

35:5

unanimously

9:2,3 23:8

28:14 32:7

unavoidable

25:11

unclassified

13:9 27:21

28:13

underpinnings

16:17

understanding

6:13 8:21

understood 25:9

united 4:12 7:2

7:13 17:16

24:9,15 29:15

unknown 17:13

update 10:19

upstream 9:18

31:18

urge 30:7 31:19

33:14

urgent 11:11

urges 9:21

use 5:20,22 11:2

11:6 19:22

32:19,22 33:1

user 7:14

utilizes 10:8

V

valuable 5:2,4

13:1 15:18

value 7:3 12:5

17:4,18,19,21

21:4,9,18 22:9

22:16,21 26:22

values 27:13

varied 23:8

variety 33:7

vast 20:1

view 12:15

32:11

viewed 15:19

violated 16:5

vote 13:9 34:1,5

34:14

voting 6:5

W

w 1:14 3:6,7

wald 2:5 3:16

11:21 18:17,18

23:18

want 6:14 8:13

13:19 14:19

18:21 23:20

wanted 15:6,15

17:3 27:21,22

34:3

washington

1:15 3:7

way 13:2 28:13

28:17 30:9

31:3,4 32:13

36:10

ways 33:7

website 35:1

weekend 27:14

weekends 27:13

welcome 3:2

went 15:1

weve 13:20 14:1

25:18 27:7

white 13:16

widespread

6:21

witness 36:12

women 13:21

words 7:17

31:10

work 14:15 15:7

15:14 27:11

31:16,19

worked 8:16

14:20 23:3

working 27:6

workshop 12:18

world 24:14

28:9

write 23:4

written 28:22

wrote 18:22

www 12:20

34:20

X

Y

year 6:19 18:8

Z

zazi 26:21

0

00 1:16 3:5

34:12

000 6:20

1

1 34:12

10 1:16 3:5 35:7

35:8 36:17

11 18:11 28:9

1331 1:14 3:6

17th 13:17

2

2 1:10

20004 1:15

2014 1:10 3:6,9

36:13,17

20th 3:9
Public Meeting July 2, 2014

202-220-4158 www.hendersonlegalservices.com

Henderson Legal Services, Inc.

9

215 13:20 14:3

28:18

23rd 34:11,15

2nd 3:6 13:15

3

35 35:7,8

4

5

51 7:6,7

6

7

702 1:7 4:6,8,17

4:19 5:10,15

8:19 10:16,21

11:3,7,15 14:3

15:17 16:7,17

16:18 17:20

18:2 21:21

24:7,13 25:5

25:10,17 26:8

26:12 29:7

32:5 33:18

8

9

9 18:11 28:9

90 6:20