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Discussion of Status:

As with the previous recommendation, the NSA conducted a review based upon the Board’s
recommendation and concluded that no changes are practical at this time. The NSA has
advised the Board that it will periodically review whether the existing study remains
accurate. If technology has changed sufficiently to make the existing study no longer
accurate, the NSA will conduct a new study.

Recommendation 8: Publicly Release the Current Minimization

Procedures for the CIA, FBI, and NSA

Status:

Implemented
Text of the Board’s Recommendation:

To the maximum extent consistent with national security, the government should create
and release, with minimal redactions, declassified versions of the FBI’s and CIA’s Section
702 minimization procedures, as well as the NSA’s current minimization procedures.
Explanation for the Recommendation:

The Board believes that the public would benefit from understanding the procedures that
govern the acquisition, use, retention, and dissemination of information collected under
Section 702. The Board respects the government’s need to protect its operational
methodologies and practices, but it also recognizes that transparency enables
accountability to the public that the government serves. Therefore, the Board urges the
government to engage in a declassification review and, to the greatest extent possible
without jeopardizing national security, release unredacted versions of the FBI, CIA, and
NSA minimization procedures.

Discussion of Status:

The Intelligence Community released declassified versions of all three agencies’ then-
current minimization procedures in February 2015.

Recommendation 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

Status:

Being implemented

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