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interpretations of the application of a statute in a particular case may also be secret so long
as the use of that technique in a particular case is secret, the government’s interpretations
of statutes that provide the basis for ongoing surveillance programs affecting Americans
can and should be made public. This includes intended uses of broadly worded authorities
at the time of enactment as well as post-enactment novel interpretations of laws already on
the books.

Discussion of Status:

Intelligence Community representatives have continued to advise us that they are
committed to implementing this recommendation, as reflected in the transparency
principles described above. In our Recommendations Assessments Report last year, we
noted that in connection with the Board’s July 2014 report on the Section 702 surveillance
program, the Intelligence Community worked closely with the Board to declassify a great
deal of information about the scope and nature of that surveillance program. We also note
that the Intelligence Community has continued to publish information online at IC on the
Record, and the NSA has recently released a new Transparency Report outlining the
agency’s implementation of the USA FREEDOM Act.

While the broad nature of our recommendation makes it difficult for us to assess its
implementation, we believe that key leadership within the Intelligence Community is
committed to implementation.

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