Page 12 - AssessmentReport

Explanation for the Recommendation:

Transparency is one of the foundations of democratic governance. Our constitutional
system of government relies upon the participation of an informed electorate. This in turn
requires public access to information about the activities of the government. Transparency
supports accountability. It is especially important with regard to activities of the
government that affect the rights of individuals. In addition to the specific transparency
measures outlined in Recommendations 6 through 10, the Board urges the Administration
to commence the process of articulating principles and criteria for deciding what must be
kept secret and what can be released as to existing and future programs that affect the
American public.

Discussion of Status:

In February 2015, the Office of the Director of National Intelligence (“ODNI”) released
Principles of Intelligence Transparency for the Intelligence Community describing four
broad principles to guide the Intelligence Community’s work. On October 27, 2015, the
ODNI released an Implementation Plan for these principles, setting forth a series of
priorities and action items.

Recommendation 12: Disclose the Scope of Surveillance Authorities

Affecting Americans

Status:

Being implemented
Text of the Board’s Recommendation:

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The scope of surveillance authorities affecting Americans should be public.
Explanation for the Recommendation:

The Administration should develop principles and criteria for the public articulation of the
legal authorities under which it conducts surveillance affecting Americans. If the text of the
statute itself is not sufficient to inform the public of the scope of asserted government
authority, then the key elements of the legal opinion or other document describing the
government’s legal analysis should be made public so there can be a free and open debate
regarding the law’s scope. This includes both original enactments such as Section 215’s
revisions and subsequent reauthorizations. The Board’s recommendation distinguishes
between “the purposes and framework” of surveillance authorities and factual information
specific to individual persons or operations. While sensitive operational details regarding
the conduct of government surveillance programs should remain classified, and while legal

2 Board Members Rachel Brand and Elisebeth Collins did not join this recommendation.

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