Power Wars Blog by Charlie Savage

Privacy and Civil Liberties Oversight Board releases PPD-28 surveillance report in response to my FOIA

In response to a Freedom of Information Act request I submitted in the spring of 2017, the Privacy and Civil Liberties Oversight Board (PCLOB) has declassified and made public a partly redacted version of its December 2016 (ish) Top Secret report on the implementation of President Obama’s PPD-28, the presidential policy directive he issued in January 2014 to impose various surveillance reforms in response to the Snowden disclosures.

I reported on the insider history and substantive content of this directive in Power Wars’ Chapter 11 (Institutionalized: Surveillance 2009-2017), Section 12 (Obama Under Pressure – Freedom Act II). Among other things, I parsed how many of the reforms, especially viz limits on handling foreigners’ data, codified existing practices.

The PCLOB report confirms that assessment. It is riddled with sentences about how the NSA, FBI, and CIA were largely already doing what Obama instructed them to do in such respects. One exception is that the CIA apparently applied its limits (like a requirement to delete raw data after five years) to mixed-source collections — those that contained information gathered both through electronic surveillance and human-source intelligence — even though the directive on its face applied only to signals intelligence, not humint. The two Republican PCLOB board members at the time, Rachel Brand and Elisebeth Collins, didn’t like that.

Here is the report: