F1196 u- Unitad Slam: FUN oun IT -i 'L'qu: H. 1375' Intelligent swgm?nm 6 FEB 2 2015 .1 ?41 LiaAnn Han. Clark of Con TNETII CH5 Diaciwt Number: BR PF. OH DEB :Ij?vgwijrariun having: EM?c'r?, mmiv 1w tit-v I'Jimcmr at Faun-m] VII .LI Ilh'trsligi?litjll {or ?ux-1:411 lntL'Hil?iLk'I?x'l ?ilt?i' At?? nT? Sum, Title. {?rmed Slate? Cnde (Lit), 15be. a: mendcui, tin;- I :5 1mm: Pleadznub tiw gllm?vv?IJZ:ni?nivd I'MHFiih'aih' (In: Approved for public release 20150309 TSP-SEW production to the National Security Agency (NBA) of the tang'ble things described below, and full consideration having been given to the matters set forth therein, the Court ?nds as follows: 1. There are reasOnable grounds to believe that the tangible things sought are relevant to authorized investigations (other than threat assessments} being conducted by the FBI under guide?nes approved by the Attorney General under Executive Order 12333 to protect against international tenorism, which investigatioos are not being conducted solely upon the basis of activities protected by the First Amendment to the Constitution of the United States. [50 U.S.C. 1361(c)(1)] 2. The tangible things sought could be obtained with a subpoena duces tecurn issued by a court of the United States in aid of a grand jury investigation or with any other order issued by a court of the United States directing the production of records or tangible things. [50 U.S.C. 1861(c)(2)(D)] 3. The application includes an enumeration of the minimization procedures the Government proposes to follow with regard to the tangible things sought. Such procedures are similar to the minimization procedures approved and adopted as binding by the order of this Court in Docket Number BR 14?166 and its predecessors. [so U.S.C. 1861(c)(1)] Approved For public ielease 20150309 TOP SECR Accordingly, the Court finds that the application of the United States to obtain the tangible things, as t?lescribetl below, satisfies the requirements of the Act and, therefore, IT TS HEREBY ORDERED, pursuant to the authorit}r conferred on this Court in: the Act, that th(' application is GRANTED, and it is FURTHER ORDERED cu; follows: (1) A. The Custodians of Records {if?shall produce to NSA upon service of the appropriate secondary order, and continue production on an ongoing dail}r basis thereafter for the duration of this order, unless otherwise ordered by the Court, an copy of following tangible things: all call detail records or "telephony metaciata?? created by? a. Theeastwar-(emissa? _shall produce to upon service of the appropriate secondary order, and continue production on an ongoing daily basis For purposes of this Order "telephony metadala" includes comp rehensivc communications routing information, including but not limited to session idcntiljring information originating; and terminating telephone number, International Mobile Subecriber Identity (IMSI) number, International Mobile station Equipment identity number, etc), trunk identi?er. telephone calling card numbers, and time and duration of call. Telephony metadata does um includc the substantive content of an}.I communication, as defined by IR U517. 2310(8), or the name, add ress, or financial intt'irmation of a subscriber or customer. Furthermore, this- Order docs authoriN the production of cell sitc loctition information (C511). TOP Approved for publlf: release 201503?09 TOP SECRET thereafter for the duration of this order, unless otherwise ordered by the Court, an electronic copy or the following ta ngible things: all call detail records or "telephony rnetadata? created t-for communications between the United States and abroad; or (ii) wholly within the United States, including local telephone calls. - (2) With respect to an}; information the FBI receives as a result of this Order (information that is disseminated to it by NBA), the FBI shall follow the procedures set forth in Tire Attorney Grueml?s Guidelines for Domestic Bl Operations (September 29, (3) With respect to the information that NBA receives or has received as a result of this Order or predecessor Orders of this Court requiring the production to NSA of telephony metadata pursuant to 50 U.S.C. 1861, NSA shall strictly adhere to the limitations and procedures set out at subparagraphs A. through G. below; provided, however, that the Government may take such actions as are permitted by the Opinion and Order of this Court issued on March 12, 2014, in docket number BR l4?ll1, subject to the conditions and requirements stated therein, including the requirement to this Court of any material developments in civil litigation pertaining to such telephony met-adata. TOP-- SM. n. .. .31. The 55 hvl'uby pmizibiivd 7'11 111? m'x?t'wiazg Ewing-5+- I'vcutmi motadam acquired pursuant to 13115 Ll'mrt's order: in flu: dm'kut .-1:ul its [IletadL-ltu") Eur an}: punmw me dwrrih?d hwn-in. B. NEAL rahall store and process: the BR meladata muirr :?vriirnif 1111' BR nwtauiala shall mm' 1113x1119 markingg 5110': that .imi {EHt'lLIdlng can 12:11.th in IE ts: n-hrn haw an": ndt?kiLl?iG training with ?wizard to lime shall arm-at? tu Hn- BR IllL?ldLidtd h: 41.111111 pcrhunnr-x; WLLU have received apprupt'mtv [Lmi uLioqlm-?LL- {mining} trained and technical may tln- HR mummian in park =rm Hum- Iim-idmi tn int-11w it [Dr IL-(hnimi pursnunvl HLW 4119!"; the HR Lia'ng Ht'lt'Ltit?H terms that 11:: 110?; RAE- Thn? AL nuaz'f HLII. ?If-ix?. li?u? 11H Ill-31minch I't?L?m'rr'?c i?hiu Lip Mb?aa?m: ?mr mmwinn and -. u! DUELJUECS. 335.51 51ml] unsure; that (km- (mum: use 2-11' Lin: BR Illt'lflLI?'uI the 9.1mm cal am' Datum} dim-4w man made mmrewnq aft-xix. nr unfurvra'uvn cu-nt 1-4 ?r w1th tiu' k'nm't Mir: Thu Cnut't that ?10 rm'hmc'al pm'qvmw! L'urpur'ntv and Ul- th? BR metadaln I'I'mm ?it? rpn'if'im] awrsunw t0 NRA, wiH mal rmgeiw ape-sin] trainng> regarding tho aulhm'itf.? granted herein. I II I . I lu-Lwc} :111' 11mm: dosnriiwd ahm-?L: ami sl?uarv t?nv vi than: Queues with other authnriztcd ruspm?.5ibk? tm' t?sswg pin'pom?m a; EH11 fhi' Ht .?iH?f wilt}! will nut he: llr-Ud 1-HT Allah?; An imhnu? iar'. nudj.? all].me 1hr.- BR :Iwidt?i?lr?l lu annartmn itiunlii'iurw that i mm high ulunu: imit-I'Itifivrh. l'hv Tm'ltrm inn rim: HI .1113 Hqcil Hw idlanti?ns and far? that thaw Arm'- high ?umu Munitivrb. W'th {mdudimz t'm' HM.- ulcntifimtinn and dosh-M higl?. \?r'aiume and other unwanted BR metadata from any at 5 various n'uxtadam 1m: max Hui wimrrw .mx' lather inl'ut'rnminn 5mm Eh:- m1. I?lmi any? fur 'fiiL-Higu-z?cv Lint-Ilvr-js Iii. .anitin?an, axlihm??zud im?t'lnlcal pul?mm?icl may amass 4 1 ?hunting hwy-ign in thy Hf :nr :Hzrpuwn tn :in- eul?pm'a uph hvlm-x'. Ilk- kit-m-?ernmen?. :mw ruquu?ut, bv motim?. nm'. on r. raw-l1}- nm 1. pvn11ia-sinn {rum [hr (Twin to specific at?li?l?fik?vl". forms that 5515:35th [1.11 pu'pus? ell ihh ?er-rul'ih' and .1111' [he Lamivrm ti Fu-ctm?u an u! 5mm if Cur-3!! ;11'1.a'12'i.1l1h'- Ali??l'lLFiHIt Ln "Mania fl'ns Elli? :er lerpnh-CE L'iblalningl mime-15:1" 131-2 mgrr?mwr?' inc.? Lluvrx' in ?slg?nas?u I51: .: .21z-1lnu'1H-1: in I 15% 21 umh HIM-ranginu An;- we; :ztuli 1::ufr: .ani'hm?rf'; inn-.111 H- 1119 Chief. [:35 NHL mm; a l-il'i '11v-?i??h1 nuth?uir rin- {hr 1-1 .?uuf 1.2 ilh Ein- 111:? I. 31.1.1; in t'm- ?331. Hie {1'45be Huh? 2x 11m imam! in Man. mm 4:1 Unw?rhlen' [211? m: .md [?L?I?hnn: 1311:51- an: huts. 3.11.51; EJH: iv -a lt?d?A?ElJi?lhi. dl'il-Luldbic magician Um ilw tr-rm Eu 1-1 ?th. inlul. Lhal ivm? 'Lm-Ziu'ul 1W .1 E?H?lm?i Fru??m? 911.1? H?t 3w .tsum'idlwi' 0H 1114? lhlbi: n] '"xnu?minwnt t'n thy L?vnuhn?inn. SFCRI-T TD H) P. 31 ill:- tw :Ii?tuih wnhu'i? Limian inlurnzaiem; 'u'iilzin L120 11w}: w: an . Jppyux'm}; "gait-Li in L?deilfiml?g thm' )iTt't'tUI' Hug! the: qum?yim: or 111:? HR mozadatd with a: Jmtinn furm mi 1m: ht'rt hm: ?Jh-Iz 1mm. ldlt?zl uni :iw unwi. ram: . I. 1.1-. ?ll Emmi ~1~+1w r- EHJ .len Li-tammlu I.111 :d?t'llglim ihl.? I'H?a?t Ti)? n13 l-(Jii Approved for public release 20150309 WEI-3W obtaining foreign intelligence information, within two hops of a ?seed,? if: the Director or Acting Director of NBA reasonably determines that an emergency situation exists with respect to the conduct of such querying before an order authorizing such use of a selection term can with due diligence he obtained; and (2) the Director or Acting Director of NSA reasonably determines that the RAS standard has been met with respect to the selection term.Fl In any case in which this emergency authority is exercised, the Government shall make a motion in accordance with the Primary Order to the Court as soon as practicable. but not later than 7 days after the Director or Acting Director of NBA authorizes such query.? Any submission to the Court under this emergency provision shall, at a specify the selection term for which query authorization is sought or was granted, provide the factual basis for the belief that the reasonable articulable 3 Before an emergency query is performed under this authority, NSA's Office of General Counsel (OGC), in consultation with the Director or Acting Director, shall confirm that any selection term reasonany believed to be used by a United States person is not regarded as solely on the basis of activities that are protected by the First Amendment to the Constitution. 9 In the event the Court denies such motion, the Government shall take appropriate remedial steps, including any steps the Court may direct. Approved for release 20150309 TOP suspicion standard has been met with regal rd to that iselectinn term and, if such queryr has already taken place, a etatemcnt of the emergency neremitating su ch query. [ii] NSA shall ensure, through adeqmte and appropriate technical and management controls, that queries of the BR metnda to for intelligence analyse: purposes will be initiated using only a selection term that has been RAE-approved.? Whenever the BR metadata is arcesseri for foreign intelligence analysis purposes or using foreign intelligence analyst!) query tools, an auditable record of the activity shall be generated.? The Court's ?nding that a selection term is associated with -hall be effective for: one hundred eighty days for any selection term 1? For an}r selection term that is subject to ongoing Court-authorized electronic pursuant to St] 1805, based on this Court's finding of probable cause lo believe that the selection term is being used or is about to he used by agents of cluding ?wse used by Lib. persons, the Goverrmrent may use such selection terms as ?Seeds? during any period of ongoing Court?authorized electronic surveillance without ?rst wetting authorization trorn this Court as described herein. Except in the case of an emergonqt, NSA shall lirel notify the Department of luslice, National Securin' Division of its proposed use as a need an}! eelection term subject to ongoing Court-authorized electronic surveillance. The. Court underqtand? that NBA hah implemented technical controls [hat preclude any query for uttelligence analysis purposes with a seed. in cases of imminent threat to human life NBA may bypass: these technical controls, bubiect to management controls, to conduct queries using RAB-approved seeds that have been temporarin blocked by technical reel-mints. 'l'his nuditahlc record requirement shall not apply to further accessing of the results of RAS- approvcd queries. TOP SECRETIXSUFNOPOR-N 10 fa?lf ?mama;- reasonably believed to be by a LES. person; and one year for all other Selm'tion (iv! Queries- vi the BR mead-am using epic-chm". tw?n?m Iur qua-r}: mull}: Qan?wiw uf {he HR metadnfa tn obtain fnrvign shall rvtm?n unly that metmlatn within turn ?hops? 01 an Lam-ll. H. Hrsults Uf any intelligence analysis queries of the BR metadala may: he shared pnur tu minimization. for 111lull'1genuc analysis purpose: dmung NBA aubiect to the requiremum than all NSA pol-annual realm-'0 query rvqulls ?11 any {?rm ffr?t receive: and adequate training and guillan rugdnling thu aml Iatiun n?milalzlv tn that a term is 01' was assocldicd with a Fureign Power unl} 101' a specific and liuuicd time rmmu. ln HUl'l?l uul?missinn 51ml] spociiy thc? 111110 frame for which ll?w t-crm is m' was Ill [n {he liw HAS ~lamlazd met. wmluutin}: nun-.1131 queries using: that term ??lial! propel-Ir mintmw Inturmatinn that may lw rE?Iunwd willnn query: [all nutsidu of that linivlnumr. he L'nurt that NBA remix-ml curtain call detail l'u-curds: plummnl to otlusr aulhmrity. in addition to the (all detail records pruniuced in response to Court": Ordurri. NSA shall stun; handle. .1 ml di?wminatc call dctail product-d 1n tn Cuurt'S Orders purhuant to this; Unlur, Approved for public release 20150309 33W restrictions for the handling and dissemination of such information? NBA shall apply the minimization and dissemination requirements and procedures of Section 7 of United States Signals Intelligence Directive SPODIB (USSID 18) issued on Ianuary 25, 2011, to any results from queries of the BR metadata, in any form, before the information is disseminated outside of NSA in any form. Additionally, prior to disseminating any US. person information outside SA, the Director of NBA, the Deputy Director of NBA, or one of the of?cials listed in Section 7,3(c) of 18 (E, the Director of the Signals Intelligence Directorate (SID), the Deputy Director of the SID, the Chief of the Information Sharing Services of?ce, the Deputy Chief of the of?ce, and the Senior Operations Of?cer of the National Security Operations Center) must determine that the information identifying the US. person is in fact related to counterterrorism information and that it is necessary to understand the counterterrorism information or assess its importance.15 Notwithstanding the above requirements, NSA may share results from intelligence analysis queries of the BR metadata, including US. person identifying information, with Executive Branch personnel (1) in order to enable them to determine whether the informaliOn may be 1? In addition, the Court understands that NSA may apply the full range of SIGINT analytic tradecraft to the results of intelligence analysis queries of the collected BR metadata. ?5 In the event the Government encounters circumstances that it believes necessitate the alteration of these dissemination procedures, it may obtain prospectively applicable modi?cations to the procedures upon a determination by the Court that such modi?cations are appropriate under the circumstances and in light of the size and nature of this bulk collection. MW 12 Appmved for public release 20150309 WW exculpatory or otherwise discoverable in legal proceedings or (2) to facilitate their lawful oversight functions. otwithstanding the above requirements, NSA may share the results from intelligence analysis queries of the BR metadata, including United States person information, with Legislative Branch personnel to facilitate lawful oversight functions. E. BR metadata shall be destroyed no later than five years after its initial collection. F. NSA and the National Security Division of the Department of Justice shall conduct oversight of NSA's activities under this authority as outlined below. NSA's OGC and Office of the Director of Compliance (ODOC) shall ensure that personnel with access to the BR rnetadata receive appropriate and adequate training and guidance regarding the procedures and restrictions for collection, storage, analysis, dissemination, and retention of the BR metadata and the results of queries of the BR metadata. NSA's OGC and ODOC shall further ensure that all NSA personnel who receive query results in any form first receive appropriate and adequate training and guidance regarding the procedures and resuictions for the handling and dissemination of such information. NSA shall 13 Approved for public release 20150309 WW maintain records of all such training.? OGC shall provide with copies of all formal briefing and/or training materials (including all revisions thereto) used to brief/tram NSA personnel concerning this authority. (ii) ODOC shall monitor the implementation and use of the software and other controls (including user authentication services) and the logging of auditable information referenced above. OGC shall consult with on all significant legal Opinions that relate to the interpretation, scope, and/or implementa?On of this authority. When operationally practicable, such consultation shall occur in advance; otherwise NSD shall be noti?ed as soon as practicable. (iv) At least once during the authorization period, OGC, ODOC, and any other appropriate NSA representatives shall meet for the purpose of assessmg compliance with this Court? 5 orders. Included in this meeting will be a review of monitoring and assessment to ensure that only approved metadata is being acquired. The results of this meeting shall be reduced to writing and submitted to the Court as part of any application to renew or reinstate the authority requested herein. ?5 "The nature of the training that is appropriate and adequate for a particular person will depend on the person's reaponsibilities and the circumstances of his access to the BR metadata or the results from any queries of the metadata. I 14 Approved for public release 20150309 At least once during the authorization period, shall meet with NSA's Office of the Inspector General to discuss their respective oversight responsibilities and assess compliance with the Court? 5 orders. (vi) PriOr to implementation of any automated query processes, such processes shall be reviewed and approved by OGC, and the Coort. G. Approximately every thirty days, NSA shall file with the Court a report that includes a statement of the number of instances since the preceding report in which NSA has shared, in any form, results from queries of the BR metadata that contain United States person information, in any form, with anyone outside NSA, other than Executive Branch or Legislative Branch personnel receiving such results for their purposes that are exempted from the dissemination requirements of paragraph above. For each such instance in which United States person information has been shared, the report shall include attestation that one of the officials authorized to approve such disseminations determined, prior to dissemination, that the information was related to counterterrorism information and necessary to understand counterterrorisrn information or to assess its importance. In addition, should the United States seek renewal of the requested authority, NSA shall also include in its report a description of any significant changes proposed in the way in which the call 15 Approved for public release 201503?9 WW detail records would be received from the Providers and any signjjicant changes to the controls SA has in place to receive, store, process, and disseminate the BR metadata. The Court recognizes that there are three cases involving challenges to the legality of this collection pending before federal appellate courts, A. C. L. U. Clapper, No. 14-42 (2d Cir. argued Sept. 2, 2014); Klaymim v. Obama, No. 14-5004 (DC. Cir. argued Nov. 4, 2014); and Smith v. Obama, No. 14-35555 {9th Cir. argued Dec. 8, 2014). If an opinion is issued in any of these cases prior to the expiration of this Order, the government is directed to inform the Court if the government?s implementation of this Order has changed as a result of such opinion (5) With two exceptions, neither of which applies here, Rule 9 of this Court?s Rules of Procedure requires the government to submit a proposed application no latEr than seven days before it seeks to have a matter entertained by the Court. The Court notes that the government ?led its proposed application in this matter four days late. If the government seeks to renew the authorities approved herein prior to their expiration on June 1, 2015, the government is directed to file the proposed renewal application no later than Friday, May 22, 2015. If Congress has enacted legislation amending 50 U.S.C. 1861 prior to a request for renewed authorities, the governinent is directed to provide, along with its request, a legal memorandum pursuant to Rule 11(d) of this Court?s Rules of Procedure addressing any issues of law raised by the legislation and not 16 - art-11;: prmrimlaly ins mm: nun. TIER-.niyow, Izm- :ml man'u'd lvgi?ldtl?? muunding 54. 15ml by? Section 1112?): at I'uh?liu 1311-: 131} Stat. 195, mm: rpm-ntiy arm-andch 990mm Zia} n13 [?ua?sJiv Law HE- I-L If? 9151!. In ilw is dil't'i?i't'kj legal purhugnt Rqu 1L'_d} 1 It: power at thy (_'uur1 [1.1 and?. bog-mm: Izmn J. unit-:5 01?. i5! jum?. 2:115. hunlurn 'l?imu. Signal Enatem Timr: De: it?- Time I??my memillam?vi Hurt Hui $1.1 tum Human