N.S.A. Declassifies Documents From 2011 Surveillance Case - The New York Times

Approved for public release. All withheld information exempt under b(1) and b(3) unless otherwise noted. TOP SECRETHCOMINTINOFORN minimum, support its assessment that there is no basis to believe any of these 224 MCTs include wholly domestic communications. TSHSINT) III. Regarding the Possibility of Wholly Domestic "Abouts” Communications Among the Single, Discrete Communications not Further Analyzed During the NSA Manual Review (S) In its August 16, 2011 Submission, the Government advised the Court that of the 50,440 transactions reviewed, 45,359 (approximately 90%) were determined to be single, discrete communications. Because NSA's focus during the manual review was the assessment of MCTs, the Court was further advised that after determining that a transaction was a single, discrete communication to, from, or about a tasked selector, no further analysis of those transactions was done by NSA. (TSHSUNF) a As in the case of MCTs, the possibility does exist that in certain limited circumstances single, discrete “abouts” communications acquired via NSA's section 702 upstream collection could be wholly domestic in nature. For this possibility to be realized, a communication's sender and all intended recipients must be located in the United States, the communication must contain a section 702 tasked selector, and it must Furthermore, as described in the Government's June 1, 2011 Submission in greater detail, given the way in which the communication (TSHSHAF) On the basis of the foregoing and NSA's experience collecting Internet communications, NSA had assessed that it would be extremely unlikely for its upstream collection of single, discrete communications to result in the acquisition of wholly domestic communications, and not at a rate higher than wholly domestic communications may be contained within MCTs acquired through upstream collection. To investigate this further in response to the Court's questions, between the close of the September 7, 2011 hearing and the submission of this correspondence an experienced team of NSA analysts rapidly worked through a 48-hour period to evaluate the 45,359 single, discrete communications described above. As a result, NSA was able to conclude based on technical analysis that 41,272 of these communications were not wholly domestic in nature. The findings of NSA's technical analysis revealed that 4,087 of these single discrete communications lacked information sufficient for NSA to immediately identify the active user through technical means as reasonably believed to be located outside the United States. TSHSI/NF) 6 NSA analysts manually reviewed each of these 4,087 transactions to attempt to determine the nature of the communication as either to, from, or about NSA's tasked selector. Only 25 of the 4,087 transactions.reviewed appeared to be a communication not specifically to or from a 6 More specifically, 10,628 featured a tasked selector as the active user who by operation of the NSA targeting procedures is a person reasonably believed to be located the United States, 2,239 featured an active user that was not a tasked selector but nonetheless an electronic account/address/identifier reasonably believed to be located outside the United States, 3,926 featured and 24,479 featured (TSHSINF) ( TOP SECRETHCOMINTINOFORN NYT v DOJ, 16 CIV 7020_000167

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