The American Civil Liberties Union published a batch of documents obtained from the CIA on how it complies with and understands Executive Order 12333, an executive order issued by President Ronald Reagan which mandates the powers and responsibilities of US intelligence agencies. The documents strongly suggest that the agency engages in an extensive amount of domestic spying operations that are largely kept secret from the American people.
Of the 49 documents released, many of them are policy briefings on what the CIA can and cannot collect on US persons when conducting spying operations. They largely have to do with the rules that the agency is expected to follow and how the agency goes about complying with them. However, many of the documents are highly censored.
The CIA claims much of the information in the documents involves “classified secret matters or national defense or foreign policy.” It also believes that the National Security Act partly exempts the agency from the Freedom of Information Act, which is why many of the documents have huge chunks of information missing.
What can be gleaned from the documents is that the agency has a secret definition of “monitoring” as it relates to surveillance of US persons that the public is not allowed to know:
The definition of “electronic surveillance” in regards to US persons is partially censored too, however, the CIA will let the public know that “electronic surveillance” involves the “acquisition of a non-public communication by electronic means without the consent of any party to the communication or, in the case of a non-electronic communication, without the consent of a person who is visibly present at the place of communication.”
Part of the definition for “unconsented physical searches,” which requires Attorney General approval, is censored.
Details from a “memorandum of understanding” [PDF] between the FBI and CIA provides a glimpse at how the two agencies coordinate spying activities:
Another document, “CIA and EO 12333: Overview for the ICIG Boston Review Forum” [PDF], dated June 2013, outlines detailed talking points, which includes some details on the loopholes the agency might be able to use to obtain information on US citizens.
The CIA is allowed to “provide specialized equipment and technical knowledge to assist another department or agency in the conduct by that department or agency of lawful and authorized electronic surveillance in the United States.” (more…)