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determining whether the government’s acquisitions comply with the statute and the
Fourth Amendment.

Similarly, a retrospective sample of U.S. person query terms and supporting documentation
will allow the FISC to conduct a fuller review of the government’s minimization procedures.
Such a sample could allow greater insight into the methods by which information gathered
under Section 702 is being utilized, and whether those methods are consistent with the
minimization procedures. While U.S. person queries by the NSA and CIA are already subject
to rigorous executive branch oversight (with the exception of metadata queries at the CIA),
supplying this additional information to the FISC could help guide the court by highlighting
whether the minimization procedures are being followed and whether changes to those
procedures are needed.

Discussion of Status:

The government proposed possible sampling methodologies to the FISC, and provided the
FISC’s legal staff as well as the court’s judges with a briefing during which they reviewed a
sample of tasking sheets and a sample of U.S. person queries. In its Memorandum Opinion
and Order reauthorizing the Section 702 program, the court referred to this
recommendation by the Board, and noted:

The government adopted this recommendation, and in January 2015 it provided the
Court’s legal staff with an extensive briefing on its oversight activities, as well as
sample tasking sheets and query terms. The government offered to make additional
tasking sheets and query terms available to the Court. At the Court’s request, the
government provided an overview of its Section 702 oversight efforts to all of the
Court’s judges in May 2015, which included a review of sample tasking sheets. These
briefings confirmed the Court’s earlier understanding that the government’s
oversight efforts with respect to Section 702 collection are robust.

In considering the recertification of the Section 702 program, the FISC did not make any
decision on a sampling methodology. To date the Court has not requested additional
tasking sheets or queries beyond what was provided in January and May 2015.

Recommendation 5: Create and Submit to the FISC a Single Consolidated
Document Describing All Significant Rules Governing Operation of the

Section 702 Program

Status:

Implemented by the executive branch

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