Executive Order 12333, originally issued in 1981, authorizes elements of the Intelligence Community to collect, retain, and disseminate information about U.S. persons only in accordance with procedures established by the head of the agency or department and approved by the Attorney General after consultation with the Director of National Intelligence. This requirement is one of several principles that the executive order explains are "intended to achieve the proper balance between the acquisition of essential information and protection of individual interests."
On August 22, 2013, PCLOB Chairman David Medine wrote to Attorney General Eric Holder and Director of National Intelligence James Clapper noting that many agencies' E.O. 12333 guidelines had not been updated, in some cases in almost three decades, despite dramatic changes in technology and information use. The letter requested that Attorney General Holder and Director Clapper work together to update the Intelligence Community’s guidelines under E.O. 12333 to account for technological advancements in communication capabilities. Director Clapper wrote back on September 23, 2013, noting his agreement that the guidelines for many agencies need to be updated, and offering to brief the Board on the status of efforts to do so. That briefing occurred in November 2013.
As part of the dialogue between the Board and the Intelligence Community, the Office of the Director of National Intelligence has compiled a table providing information about the Attorney General–approved guidelines for each element of the Intelligence Community. The table, now available on the Board's website, lists the dates on which each agency or department’s guidelines were adopted and provides links to all of the guidelines that are not classified.
The Board has begun a broader examination of the intelligence activities conducted under E.O. 12333 and their implications for privacy and civil liberties. Currently, the Board is gathering information about the activities of a number of agencies and plans to prepare one or more public reports on E.O. 12333 activities.
|Status of Attorney General Approved U.S. Person Procedures Under E.O. 12333|