Classified documents show rules for NSA surveillance without a warrant
The following FISA court documents spell out procedures for targeting foreigners and minimizing the collection of data from U.S. persons.
Document one: A judge with the Foreign Intelligence Surveillance Court in Washington, D.C., signs an order on Aug. 19, 2010, approving a certification from the attorney general and the director of national intelligence that the surveillance follows the law. In the one-page order, the judge cites legal reasoning contained in a “Memorandum Opinion” that is not among the documents obtained by The Washington Post. The judge finds that the certification is consistent with the Fourth Amendment, which prohibits unreasonable searches and seizures.
Document two: A six-page document signed on July 15, 2010, by Attorney General Eric H. Holder Jr. and David C. Gompert, acting director of national intelligence, declares that procedures are in place to ensure that the surveillance targets people “reasonably believed” to be located outside the United States and to prevent the “intentional acquisition” of communications within the United States.
Document three: A nine-page exhibit signed by Holder on July 28, 2009, outlines the procedures used by the NSA to target foreigners reasonably believed to be located outside the United States.
Document four: A nine-page exhibit signed by Holder on July 28, 2009, outlines the procedures used by the NSA to minimize the collection of data from U.S. persons.