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Surveillance of Non-US Persons Cheat Sheet by

USA Surveillance of Non-US Persons
security     surveillance     non-us

Introd­uction

Signif­icant steps should be taken to protect the privacy of non-US persons. In partic­ular, any programs that allow survei­llance of such persons even outside the United States should satisfy six eparate
constr­aints.

They must be

1) must be authorized by duly enacted laws or properly authorized executive orders;
2) must be directed exclus­ivelyat protecting national security interests of the United States or our allies;
3) must not be directed at illicit or illegi­timate ends, such as the theft of trade secrets or obtaining commercial gain for domestic indust­ries;
4) must not target any non-United States person based solely on that person’s political views or religious convic­tions;
5) must not dissem­inate inform­ation about non-United States persons if the inform­ation is not relevant to protecting the national security of the United States or our allies; and
6) must be subject to careful oversight and to the highest degree of transp­arency consistent with protecting the national security of the United States and our allies.

Unjust­ified or Unnece­ssary Survei­llance

Setting Priorities & Avoiding Unjust­ified or Unnece­ssary Survei­lla­nce
To reduce the risk of unjust­ified, unnece­ssary, or excessive survei­llance in foreign nations, including collection on foreign leaders, we recommend that the President should create a new process, requiring highes­t-level approval of all sensitive intell­igence requir­ements and the methods that the Intell­igence Community will use to them. This process should identify both the uses and the limits of survei­llance on foreign leaders and in foreign nations.
 

Section 702

Recomm­end­ations

We recommend that those involved in the process should consider whether

(1) survei­llance is motivated by especially important national security concerns or by concerns that are less pressing and
(2) survei­llance would involve leaders of nations with whom we share fundam­ental values and interests or leaders of other nations. With close reference to (2), we recommend that with a small number of closely allied govern­ments, meeting specific criteria, the US Government should explore unders­tan­dings or arrang­ements regarding intell­igence collection guidelines and practices with respect to each others’ citizens (inclu­ding, if and where approp­riate, intent­ions, strict­ures, or limita­tions with respect to collec­tions)

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